Messuage Lands and Premises to pay and satisfie the debts owing by the said A. B. rateably to his Creditors according to their several debts as the same shall be yearly raised out of the said yearly Rents Issues and Proffits Now Witnesseth c. CHAP. III. Containing several Covenants 1. This Indenture c. between A. B. and E. To levie a Fine Sur cogniz de droit come ceo Per. Baron feme his Wife on the one part and C. D. and G. H. of the other part witnesseth that it is Covenanted Granted Concluded and Agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife dâ—th covenant grant and agree to and with the said C. D. and G. H. their Heirs Executors and Administrators by these presents That they the said A. B. and E. his wife shall and will before the end of the Terme of St. Michael the Archangel next ensuing the Date hereof by one Fine with Proclamations in due form of Law to be levied before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster †Or before any other Person or Persons sufficiently and lawfully authorized in that behalfe which is sometimes added Between the said C. D. and G. H. Plaintiffs and the said A. B. and E. his wife Deforciants Recognize and acknowledg All that tho Mannor of c. and all other the Lands Tenements and Hereditaments lying and being in the Parish of B. in the County of C. in which the said A. B. and the said E. his wife or either of them have or heretofore had any Estate or Inheritance in Possession Reversion or Remainder with all and singular the Appurtenances thereof by some Name or Names and Contents and Numbers of Acres in the said Fine to be contained to be the Right of the said C. D. as those which the said C. D. and G. H. have of the Gift of the said A. B. and E. his wife and the same shall thereby remise and quit-claime from them the said A. B. and E. his wife â—nd their Heirs to the said C. D. and G. H. and the Heirs of the said C. D. for ever And moreover shall by the said Fine warrant the said Mannor and Premises with the Appurtenances unto the said C. D. and G. H. and the Heirs of the said C. D. against them the said A. B. and E. his wife and the Heirs of the said A. B. Another more brief for ever 2. This Indenture c. Between A. B. and E. his wife on the one part and C. D. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between the said parties to these presents And the said A. B. for himself his Heirs Executors and Administrators and for the said E. his wife doth covenant and grant to and with the said C. D. his Heirs Executors and Administrators that he the said A. B. and E. his wife shall Will on this side and before the Feast of c. next ensuing the Date of these presents or before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster acknowledg and levie one Fine sur cognizance de droit come ceo que il ad de lour done c. with Proclamations according to the forme of the Statute in such Case had and provided to the said C. D of all that Messuage or Tenement and Lands c. by such Name and Names Qualities Quantities and Numbers of Acres as by the said C. D. or his Counsel learned in the Law shall be reasonably devised advised or required 2. This Indenture made c. Between A. B. of Another by several persons severally interessed c. on the first part C. D. of c. on the second part E. F. of c. on the third part and G. H. of c. on the fourth part Whereas the said A. B. is seized in his Demesne as of Fee of and in one parcel of Pasture ground called or known by the Name of D. lying and being in the Parish of F. in the County aforesaid containing by Estimation twenty Acres or thereabouts which he lately purchased of one J. R. of c. And whereas the said C. D. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances and a certain parcel of Meadow grounds lying neer thereunto containing by Estimation six Acres or thereabouts lying and being in F. aforesaid which he lately purchased of one L. M. of c. And whereas the said E. F. is likewise seized in his Demesne as of Fee of and in one Messuage or Tenement with the Appurtenances lying and being in F. aforesaid and a certain Close or parcel of Pasture ground thereunto belonging and adjoyning containing by Estimation Ten Acres or thereabouts which he the said E. F. lately purchased of one R. S. of c. And they the said A. B. C. D. and E. F being of the said Premises so severally seized as aforesaid Now witnesseth these presents that it is covenanted concluded and agreed by and between all the said Parties to these presents That they the said A. B. C. D. and E. F. shall on this side and before the Feast of c. next ensuing the Date hereof in due form of Law levie and acknowledg one Fine sur cognizance de droit come ceo c. with Proclamations according to the Statute in that Case made and provided before the Justices of our Soveraign Lord the King of his Majesties Court of Common Pleas at Westminster to the said G. H. and his Heirs of all and singular the Premises with the Appurtenances The Uses by the Name or Names of c. And that the said Fine so to be levied shall be and envre and shall be deemed construed and taken to be and envre and the said G. H. and his Heirs shall by vertue thereof stand and be seized of and in all and singular the said Premises with their and every of their Appurtenances to the several uses hereafter mentioned and declared and in manner and form following That is to say of and in the said parcel of Pasture Land called or known by the Name of D with the Appurtenances thereof to the only use and behoofe of the said A. B. and his Heirs and of in and to the said Messuage or Tenement with the Appurtenances and parcel of Medow grounds to the only use and behoofe of the said C. D. and his Heirs c. and so for the rest 4. This Indenture made c. Between A. B. To levie a Fine in the County of Lancaster of the one part and C. D. and E. F. of c. on the other part Witnesseth That it is covenanted granted concluded and agreed by and between all and every the
County of D. now or late in the tenure or occupation of c. and of in and to all and singular the Houses Edifices Buildings Lands Meadows Pastures Feedings and Hereditaments whatsoever with the Appurtenances to the said Capital Messuage or Tenement belonging or appertaining or therewithall now or heretofore usually occupied or enjoyed or accepted reputed or taken as part parcel or member thereof or appurtenant thereunto and the Revertion and Revertions Remainder and Remainders thereof to the Uses of the said C. B. Son and Heir apparent of the said A. B. and of D. B. Wife of the said C. B. for and during the Term of their natural Lives and of the Life of the longer Liver of them without impeachment of wast during the natural Life of the said C. B. 2. To the use of the said A. B. for and during To the Husband for Life and after to the Wife for a Joynture the Term of his natural Life without impeachment of or for any manner of wast and with full power to do or commit wast Or thus Without impeachment of wast only in and for Woods under Woods and Timber Trees standing growing or being or which at any Time hereafter shall stand grow or be in or upon the Premisses before mentioned or any part or parcel thereof And from and after the decease of the said A B. then to the use and behoof of the said E. his wife for and during the Term of her natural Life in the name of her Joynture and in full recompence and satisfaction of her Dower which she the said E. shall or may have out of or to the Lands Tenements or Hereditaments of the said A. B. in case she shall happen to survive the said A. B. Or thus In full Recompenre of her Dower and Title of Dower to or out of all the Mannor Lands Tenements and Hereditaments whereof the said A. B. had now hath or hereafter shall have during the coverâ—ure between him and the said A. B. any Estate of Inheritance 3. Provided alwaies and it is intended and Proviso to make void a Jointure upon claim of other Lands for Dower agreed by and between all the said Parties to these presents that if the said E. B. shall or do at any time or time hereafter from and after the decease of the said A. B. her Husband if she shall survive and over Live the said A. B. commence and prosecute or cause to be commenced and prosecuted any action or suit whatsoever for any Dower of out of or in any the Mannors Lands Tenements or Hereditaments whereof or wherein the said A. B. her Husband had any Estate of Inheritance during the coverture between him and the said E. and shall not hold her self satiâ—fied with the said Capital Messuage Lands Tenements and Hereditaments in or by these presents limited meant or intended to and for her Jointure and Dower that then and from thenceforth the use before limited to the said E. B. of in and unto the said Capital Messuage Lands and Tenements shall cease and be void And the said Recoveâ—ors and Cognizees and their Heirâ— or the Survivor or Survivors of them his and their Heirs shall stand and be seized of Proviso to make void a use limited to the Wife in case she go about to depart with her Estate and to limit over the said uses the said Capital Messuage Lands Tenements and Hereditaments with the Appurtenanees whereof such use was as aforesaid limited unto the said E. and of every part and parcel thereof to the use and behoof of the right Heirs of the said A. B. for ever 4. Provided alwaies nevertheless and it is agreed by and between the said Parties to these presents that if it shall fortune that the said E. B. shall at any time hereafter during the Life of the said A. B. be fully resolved and determined jointly with the said A. B. or otherwise by any ways or means directly or indirectly to levy any Fine or suffer any Recovery or do or assent to do any act or thing by matter of Record or otherwise whereby the Estate before limited of and in the Premisses to her the said E. B. for Term of her Life or any lesser Estate derived out of her said Estate of and in the said Capital Messuage Lands and Premisses or any part or parcel thereof shall or may pass or be altered taken away charged incumbred or devested out of or from the said E. B. and shall attempt or go about to put inure any such full and perfect resolution and determination that then and immediately after such attempt or going about the said use and Estate for Life of and in the Premisses before limited and appointed to the said E. B. as touching all the same Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made shall cease and be void as touching and concerning the said E. B. and that then and from thencefotth the said Fine and Recovery conveiance and conveiances to be had and made to the said C. D. and E. F. and to their Heirs or the Heirs of one of them after the said Estate for Life before limited and appointed to the said A. B. ended and determined shall be and the said C. D. and E. F. and their Heirs and the Heirs of either of them shall stand and be seized of and in all the said Premisses or such part or parcel thereof touching which such attempt or going about shall be had or made to the use and behoof of C. B. Son and Heir apparent of the said A. B. and of D. B. second Son of the said A. B. and their Heirs for and during the Life of the said E. B. to the end intent and purpose that they the said C. B. and D. B. and the Survivor of them or the Heirs of the Survivor of them after the decease of the said A. B. in case the said E. shall happen to overlive the said A. B shall or may grant over their Estate to the said E. B. in the Premisses within 6 Weeks after the decease of the said A. B. And that after the decease of the said A. B. and the said E. B. then the said Fine and Recovery and other Assurances shall be and remain as to the said Capital Messuage Lands and Tenements to the uses and behoofs before in and by these presents lymitted and appointed to begin and take place after the decease of the said A. B. and E. his Wife 5. To the use of the said A. B. for the Term For Years determinable upon a Life of his natural Life and from and after his decease to the use and behoof of the said C. B. one of the younger Sons of the said A. B. for the Term of 60. Years to commence immediately from and after the decease of the said A. B. if he the said C. B. shall and do so long live and from and after
c. 5. True Reading or declaring to a blind or illiterate Person if required 6. Sealing and Delivery by the maker or his Authority Absolutely and positively to or to the use of the Party or Conditional and as an Escrow to another 7. To an honest end and not by unlawful Contract or made by Force or Fraud 8. Due Ceremony as Attornment Livery of Seisin Intolment A Deed when well made read sealed and delivered may be void or voidable when got by Force Fraud Corrupt agreement Or may be mar'd by Rasure Interlining Addition Breaking the Seal Defacing Judgment of Court c. Arcana Clericalia OR The Mysteries of Clerkship Containing the Forms of Settlement of Estates to uses with power to make Joyntures Leases Grants c. The First Part. CHAP. I. Some Observations taken out of our late Reports and Books touching the Law of Conveyances in general 1. A Bargains and sells to B. a Mannor Fine joyned with other assurances extinguisheth not a condition c. and Covenants to suffer a Recovery and levie a Fine for better assurance of the Mannor and that all Estates assurances and conveyances after to be made of the said Mannor should be to the uses in the said Indenture c. And in the said Indenture there is a Proviso that B. the Bargainee shall do such an Act c. And it was resolved that this Proviso amounts to a condition in Law to defeat the whole Estate and although A. and B. after levied a Fine to a third Person in reference to the Covenant aforesaid yet it was resolved that the Fine did not extinguish the said condition for it was as an assurance and was to be guided by the Indenture Cook lib. 2. 72 73. Lord Cromwels case vide Dyer 157. pag. 28 29 30. 2. Also it was resolved in the said Cromwells case Several conveyances c. do make but one assurance in Law fo 75. a. that the said bargain and sale and Recoverie and Fine although made suffered and levied at several times do make but one assurance in Law of the Mannor according to the same original bargain and contract and every of them tend to perfect the said Bargain and Sale and none of them to destroy any part of it or to subvert the true intent of the Parties As if a man makes a Lease for life of Lands in several Counties and first makes livery in one County and divers daies after maketh livery in another County yet the Rent reserved upon the Lease shall issue out of the Lands in both Counties although the livery by which the estate passed was made at several times And therefore it might be objected that presently upon the first livery the Rent should issue out of it but the Law shall not judge by parcels in subverting of the intent and agreement of the Parties but after all the Acts are done in performance of the original contract and agreement of the Parties the Law shall adjudge upon all as executed at the same time So if one make a deed of Feoffment with warranty and deliver the deed to the Feoffee and after at another time maketh livery secundum formam Charta yet the warranty is good although when the deed was delivered no estate passed to which the warranty might be annexed yet notwithstanding praxis juris pâ—â—storum is to be observed Et qui rationem in omnibus quarunt raâ—ionem subvertunt Cook l. 2. 75. a. Conveyances to be so construed that they may take effect 3. A Conveyance shall have such construction that it may take effect ut res magis valeat quà m pereat If Tenant for life and he in Remainder or Reversion joyn in a Feoffment by deed each one of them passeth his estate viz. the Lessee for life his estate by the livery and the Fee-simple moveth or passeth from him in Remainder or Reversion but if the Feoffment had been by Paroll then it should have been the Feoffment of him in Remainder or Reversion and a surrender of the Lessee for life for otherwise nothing should pass by Paroll Cook lib. 2. Fine works to corroborate a former estates and makes no discontinuance fol. 15. 4. Tenent in Tail by deed inrolled bargains and sells an house to another and his heirs and after the Tenant in Tail levies a Fine with Proclamations to the Bargainee of the same house Resolved 1. That by the Indenture of bargain and sale inrolled the Bargainee had an Estate descendible to his heirs but it was determinable by the death of the Tenant in Tail 2. Resolved that the Fine here levied to the Bargainee doth not make a Discontinuance of the Remainder in Tail nor doth any Estate of Free-hold pass by the Fine but only the Fine with the Proclamations doth corroborate the Estate of the Bargainee and the Stat. of 4 H. 7 chap. 24. and 32 H. 8. cap. 36. makes his Estate more perdurable being after the Fine determinable only upon the death of Tenant in Tail without issue but if the Fine had been levied before the bargain and sale inrolled it had been a discontinuance but in the case before it was not because it operated only upon the Estate which passed precedent Cook lib. 10. fol. 96. Edward Seymors case 5. Nota a diversity when a man hath two wayes Two waies to pass an Estate hoâ— taken to pass Lands and both of them by the Common-law and intends to pass them by one of those wayes yet ut res magiâ— valcat it shall pass by the other As if a man be seized of two Acres of Land in Fee and lettath one of them for Years and makes a Charter of Feoffment of both and maketh livery only of the Acre in possession in the name of both only the. Acre in possession passeth but if the lessee for years after doth attorne then both shall pass because he is by the common Law in the Per as to both but when a man may pass Lands either by the common Law or by raising of a use and setling of it by the Statute there in many cases it is otherwise As if the Father makes a Charter of Feoffment to the Son and a letâ—er of Attorney to make livery if no livery be made no use shall arise unto the Son because then he should be in by the Statute in another degree viz. in the Post and the intention of the Parties is much in the raising of uses Cook upon Lit. 49. a. 6. One sells unto another certain Lands by Acts done for further assurance referre to the Original agreement deed indented upon condition of Reentry upon non-payment of 20 l. and that all assurances shall then be to him and his heirs and Covenants to make other assurances and that they shall be to the use in the Indenture afterwards he makes a Feoffment to the same bargainee to the use of him and his heirs and afterwards levies a Fine to him which was to the uses in
the Indenture and it was judged that notwithstanding this absolute Feoffment and to an express use yet it being made upon no new agreement it shall be guided by the Covenant so that the bargainees Estate continues conditional Crook lib. 1. fol. 300. pag. 14. Clever vers Giles Acts done for further assurance upon covenants precedent conteined in the original agreement shall have such construction as may fortify and not destroy the first agreement As if â— man bargain and sell Lands rendring rent with condition of reentrie c. and covenants to make further assurances and after he levies a Fine or makes a Feoffment none of these are construed to extinguish the rent or condition but to fortify only the Estate of the purchaser according to the first agreement Moores Reports fol. 385. 7. It seems a conveyance of record shall be â—nv eyanâ—e of record and enpays how taken taken strictly and not by intendment as a conveyance in pais shall Therefore a Mannor in reputation which is not a Mannor in truth will not pass by the name of a Mannor in a Fine or common Recovery otherwise in a conveyance Crook part 1. 524. p. 53. yet a remainder may pass in a Fine by the name of a Reversion ibid. 594. p. 37. 8. Where an Indenture of bargain and sale is Several conveyances how the Party shall be in made and after a Fine is levied of the same land to the bargainee and after the deed is inrolled the bargainee is in by the Fine and not by the inrollment and where a Reversion is bargained and sold by Indenture and before inrolment a Fine is levyed by the Bargainor to the Bargainee and after the deed is inrolled yet the Bargainee must have an Attornment because he is in by the Fine and not by the Bargain and sale Crook part 1. 917. p. 8. 9. Where it is possible for a grant to take effect Grant to take effect as by possibility it may according to the Letter there the Law makes such a construction as by possibility it may take effect as if Lands are given to two men and the Heirs of their two Bodies the Law makes them joynt-tenants for life and gives them several Inheritances in Tail Cook upon Litt. 183. b. Stamford justice Three grounds for construction of deeds arguendo taketh three grounds for the construction of deeds First that it shall be taken most beneficially for the Party that taketh by them Secondly that the deed shall not be void where the words may be taken to any intent Thirdly that the words shall be construed according to the mind of the parties and not otherwise Plowden Antient deeds how construed fol. 160. Throgmortons case Antient deeds shall be construed as they were antiently taken although the Law be since altered vide Crook part 1. 633. p. 29. 10. Some words are large and have a general extent Exposition des parolâ— and some have a proper and particular application the former sort may contain the latter as dedi or concessi may amount to a Grant a Feoffment a Gift a Lease a Release a Confirmation or Surrender c. and it is in the Election of the Party to use them to which of these purposes he willâ— but a Release Confirmation or Surrender c. cannot amount to a Grant c. nor a Surrender â— a Confirmation or to a Release c. because they are proper and peculiar manner of conveyances and are destined to a special end Cook sur Litt. 301. b. CHAP. II. The several formes of setting forth the grounds or considerations of a Conveyance or sâ—ttlement of an Estate 1. Witnesseth that the said A. B. as well for Money iâ— parâ— paâ—d and in parâ— secured and in consideration of the summe of 500 l. of lawful moneyes of England to him in hand paid before the ensealing and delivery hereof by the said C. D. the receipt whereof lie the said A. B. doth hereby acknowledg and thereof and of every part and parcel thereof doth acquit and discharge the said C. D. his Heirs Executors and Administrators by these presents As also for and in consideration of the summ of 500 l. more of like moneyes by the said C. D. secured to be paid unto the said A. B. his Executors and Administrators in manner and form following viz. on the 20 day of January now next ensuing the summ of 300 l. thereof and on the first day of March then following the summ of 200 l. the residue of the said summ of 500 l. 2 Whereas the said A. B. at the ensealing and The barring oâ— an Estate â—â—il and enabling him to make a settlement or assurance delivery of these presents is and standeth seiled of an Estate â—ail to him and the Heirs Males of his Body with divers remainders over of and in the Mannors Messuages Lands and Tenements hereafter in these presents mentioned Now witnesseth this present Indenture that for and in consideration of the barring of the said Estate tail and all the Remainders thereupon dâ—pending and for the setling of an absolute Estate in Fee-simple of inheritance in the said A. B. whereby he may be enabled to make a good and perfect assurance to such Person or Persons and their Heirs as have agreed or hereafter shall agree with him the said A. B. to purchase the said Mannors c. A. B. covenants to suffer a Recovery Or thus That for the setling of the Mannors Lands Tenements and Hereditaments hereafter in these presents mentioned to such use and uses and in such manner and forme as hereafter are in these presents limited and expressed and for the enabling of the said A. B. to make and grant Leases and Estates of and in the sold Mannors Lands and Premises in such manner and sort and according to the power and authority to him hereafter in and by these Presents reserved and for other good causes and considerations c. 3. Witnesseth that the said A. B. in consideration Natural love c. preferment of children of the natural love and affection which he beareth unto C. B. his Son and Heir apparent and for his advancement and present maintenance and to the end that the Daughters of the said A. B. may have convenient Portions to maintain and prefer them in Marriage and for the establishing of the Mannors Lands Tenements and Hereditaments hereafter mentioned to such uses intents and purposes as are hereafter limited and appointed and for other good causes and considerations c. Or Settlement in the stock and blood c. thus In consideration of the great love and natural affection which he the said A. B. beareth unto C. B. the natural sonne and heir apparent of the said A. B. and to the heires males of the body of the said C. B. and to the end intent and purpose that the Mannors Lands Tenements and Hereditaments hereafter mentioned shall and may continue in the stock blood and
or parcel thereof together with all Rents and services reserved upon all or any lease or leases of the Premises or any part or parcel thereof To have or to hold the said Messuage or Tenement c. and all and singuler other the Premisses herein before mentioned and intended to be hereby granted bargained and sold with their and every of their Appurtenances unto the said C. D. and E. F. their Executors Administrators and Assigns from the Day of the Date hereof for and during the full end and term of 6 Months from thence next ensuing and fully to be compleat and ended To the end that by vertue of thesâ— presents and of the Statute of transferring uses into possession the said C. D. and E. F. may be in the actual possession of the Premisses and be inabled to take and accept of a grant and release of the same to them the said C. D. and E. F. their Heirs and Assigns for ever Or thus To the end that the said C. D. and E. F. may by vertue hereof and of the Statute of transferring uses into possession be in the actual possession of the said Messuage Lands and Premisses and be inabled to take and except of a grant and release of a Revertion and inheritance thereof to them and their Heirs In Witness c. 23. This Indenture made c. Between A. B. The release and grant of the Revertion of the one part and C. D. and E. F. of the other part Whereas the said A. B. by Indenture bearing Date the c. Day of this instant January it must bear Date a Day or two after the Lease for the consideration therein mentioned did grant bargain and sell unto the said C. D. and E. F. All that Messuage c. And the Revertion and Revertions Remainder and Remainders of the same and of every part or parcel thereof and all Rents and Services reserved upon any Lease or Leases made of the Premises and every part or parcel thereof To have and to hold the said Messuage or Tenements Lands and Premisses and every part or parcel thereof with the Appurtenances unto the said C. D. and E. F. their Executors Administrators and Assigns from the Date of the said recited Indenture for and during the Term of six Months from thence next ensuing and fully to be compleat and ended By Vertue whereof and of the Statute of transferring uses into Possession the said C. D. and E. F. were and yet are in the actual Possession of the Premisses as by the said recited Indenture Relation being thereunto had more fully and at large it doth and may appear Now Witnesseth this present Indenture That the said A. B. for and in consideration c. †vide cap. 2. and for divers good causes and considerations him hereunto moving Hath granted released and confirmed and doth by these presents grant release and confirm unto the said C. D. and E. F. their Heirs and Assigns all that the aâ—oresaid Messuage or Tenement Lands Hereditaments and Premisses with the Appurtenances and every part and parcel thereof and all the Estate Right Title Interest claim and demand whatsoever of him the said A. B. of in and to the Premisses and every part and parcel thereof And the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof And all Rent and Rents and other services reserved or payable upon any demise or demises Lease or Leases of the Premises or any part or parcel thereof To have Uses and to hold the said Messuage or Tenement Lands and Hereditaments and Premises and every part thereof with the Appurtenances mentioned or intended to be hereby granted released and confirmed unto the said C. D. and E. F. their Heirs and Assigns for ever To the several uses intents and purposes hereafter in these presents mentioned and declared and to no other use intent or purpose whatsoever That is to say To the use and behoof of â— 24. This Indenture c. Between A. B. of Upon a Feoffment past and unexecuted the one part and C. D. and E. F. of the other part Whereas the said A. B. did by his Indenture of Feoffment bearing Date the c. made between the said A. B. of the one part and the said C. D. and E. F. of the other part give grant alien enfeoste and confirm unto the said C. D. and E. F. and their Heirs All that Messuage or Tenement and Lands c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof And all the Estate Right Title Interest Possession Property Claim and Demand whatsoever of him the said A. B. of in and to the same and of in and to every part and parcel thereof To have and to hold the said Messuage or Tenement Lands Hereditaments and all and every other the Premisses with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever Now witnesseth this present Indenture And it is hereby declared that the true intent and meaning of the said A. B. and of all the Parties to the said recited Indenture or deed of Feoffment and to these presents was and yet is that the said Deed of Feoffment and the full force effect and execution thereof should and shall be and inure of for touching and concerning all and every the said Messuage Lands Tenements and Hereditaments with their and every of their Appurtenances to the uses intents and purposes and under the provisoes conditions and limitations hereafter mentioned and expressed And the said Feoffees their Heirs and Assigns should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the same uses intents and purposes and to no other use intent or purpose whatsoever That is to say To the use of c. CHAP. VI. The several Forms of indorsing of Livery made and of Attornements 1. Memorandum That this fifteenth Day of Livery by Feoffor to Feoffee January Anno Domini 1665. Peaceable and quiet possession and seisin of the said Messuage Lands and other the Premisses in this Deed conteyned was delivered by the within named A. B. to the within named C. D. according to the form and effect of this Deed in the presence of those whose names are hereunto subscribed 2. Memorandum That the fifth Day of c. Livery made by Attorney Anno Domini 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by E. F. and G. H. the Attorneys within named to the within named C. D. according to the Tenor and true meaning of this present Indenture in the presence of those whose names are hereunto subscribed 3. Memorandum That the Day and Year Another within written full and peaceable possession of all and singuler the Lands Tenements and Hereditaments within granted or
or persons as should or ought to have had the same by the true intent and meaning of these presents next after the determination of the Estate of the same person or persons so marrying or contracting in such manner and form and of such Estate and Estates as is herein before limited any thing herein before contained to the contrary hereof in A Rent to cease upon a Daughters Marriage without Fathers license or his payment to her a Portion any wise notwithstanding 7. And it is Covenanted concluded and agreed by and between all the said parties to these presents for them and every of them their and every of their Heirs and Assigns And it is the true intent and meaning of the said Feoffment Fine and other assurance of the said Premisses so made as aforesaid That they the said C. D. E. F. and G. H. shall stand and be seâ—sed of the said Mannor and of all and singular other the Premisses to the uses intents and purpose following that is to say to the use intent 〈◊〉 purpose that the said C. B. the Son of the Feoffor A. B. and his Assigns shall and may receive yearly c. And also to the use intent and purpose That K. B. one of the Daughters of the said A. B. shall and may yearly during the term of her natural life have and perceive out of the said Premisses one yearly Rent of Forty pounds per annum of good and lawful money of England to be paid at the Four usual Feasts of the year that is to say at the Feasts of the Annunciation of St Mary the Blessed Virgin St. Ioâ—n the Baptist St. Michael the Archangel and the Nativity of our Lord and Saviour Iesus Christ by even and equal portions And if it shall happen the said yearly Rent of Forty pounds or any part thereof to be behind or unpaid at any of the said Feasts or days of payment whereon the same ought to be paid as aforesaid That then the said K. B. and her Assigns during the life of the said K. shall and lawfully may enter and distrain in and upon the said Premisses or any part thereof for the same so being behind as for a Rent-charge to all intents and purposes 8. Provided alwayes That if the said The Proviso K. B. shall during the life-time of the said A. B. happen to marry without the consent of the said A. B. to such Marriage first had and obtained Or if the said A. B. shall or do at any time during his natural life bestow upon the said K. in Marriage or otherwise the sum of Five hundred pounds of lawful moneys of England That then and from thenceforth the said Annual sum of Forty pounds per annum shall cease and be determined to all intents and purposes whatsoever 9. To the use and behoof of the said A. B. To alter an Use limited to the Wife upon her claim of Dower for and during the term of his natural life without impeachment of or for any manner of waste and from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the term of her natural life and from and after the decease of the said A. B. and E. B. and of the survivor of them to the use and behoof of the right Heirs of the said A. B. for ever Provided always and it is the true intent The Proviso to alter the Use and meaning of these presents That if the said E. B. shall or do at any time or times after the decease of the said A. B. in case she shall fortune to survive him commence or cause to be commenced any Action or Suit for any Dower out of or in all or any of the Mannors Land Tenements or Hereditaments of the said A. B. or whereof he was seised of any Estate of Inheritance during the coverture between her and the said A. B. and shall not hold her self satisfied with the Lands and Tenements aforesaid limited meant and intended to and for her Ioynture and in satisfaction of her Dower That then and immediately from thenceforth the said Vse and Estate herein before limited to the said E. B. shall cease determine and be void to all intents and purposes and that then and from thenceforth the said Cognizees shall stand and be seised of the Premisses and of every part thereof to the use and behoof of the right Heirs of the said A. B. according to the Limitation aforesaid 10. To the use and behoof of the said A. B. Another for and during the term of his natural life and from and after his decease to the use and behoof of E. B. now wife of the said A. B. for and during the Term of her natural life or until such time as she the said E. B. or any other by her allowance or appointment shall by any publick act by her him or them to be done or permitted to be done seek endeavour or put in practice to obtain any Dower of in or to any the Lands Tenements or Hereditaments of the said A. B. or whereof he was seized of any Estate of Inheritance during the Coverture between him and the said E. B. and immediately from and after such publick act as aforesaid or after the decease of the said E. B. and A. B. to the use and behoof of the right Heirs of the said A. B. for ever 11. Let there be a Covenant from A. B. to To alter a Use upon Non-payment of a sum in gross levy a Fine to C. D. and then add as followeth which said Fine so to be had and executed as aforesaid of all and every the said Messuages Lands Tenements Hereditaments and Premisses shall be and inure and shall be deemed construed and taken to be and inure to the onely use and behoof of the said C. D. his Heirs and Assigns for ever 12. Provided alwaies nevertheless That The Proviso if the said C. D. his Heirs Executors Administrators or Assigns shall not well and truly content and pay or cause to be well and truly contented and payed unto the said A. B. his Heirs Executors Administrators or Assigns in or upon the c. next ensuing the Date hereof hereof at or in the now dwelling house of the said A. B. scituate in H. aforesaid the sum of One thousand pounds of lawful Moneys of Englands but in payment thereof or of any part thereof shall make default contrary to the true intent and meaning of these presents That then and from thenceforth the use before limited to the said C. D. of for and concerning all and every the said Messuages Lands Tenements Hereditaments â—â—d Premisses and of for and concerning every part and parcel thereof shall cease and determine â—nd that then and from thenceforth the said Fine to be had and executed as aforesaid and the Execution thereof shall be and inure and the said C. D.
hereunto is That it shall and may be lawful to and for the said A. B. and the said A. B. shall have full power at all times hereafter and from time to time during his life at his free will and pleasure by any his Deed or Deeds Writing or Writings or by his last Will and Testament in writing by him to be seal'd and subscribed in the presence of Two or more credible Witnesses to alter change diminish enlarge revoke determine or make void all and every or any the Vse and Vses Estate and Estates before in and by these presents limited expressed mentioned declared or appointed to any person or persons of or in the said Premisses or any part or parcel thereof and to declare create limit or appoint any other Vse or Vses Estate or Estates to any of the person or persons aforesaid or to any other person or persons whatsoever in such sort manner and form and for such Estate or Estates term terms as the said A. B. shall think meet and convenient And that at all times and from time to â—â—me immediately from and after such alteration change diminution inlargement revocation or determination of the said Vse or Vses Estate or Estates and Creation Declaration Limitation or Appointment of any other Vse or Vses Estate or Estates The said Fine or Fines and Recovery or Recoveries and all and every other Conveyance and Conveyances Assurance and Assurances in the Law whatsoever heretofore had or made or at any time hereafter to be had or made of the said Mannor c. or of any part thereof according to the intent and true meaning of these presents shall be and enure and shall be construed deemed adjudged and taken to be and enure And the said Cognizee or Cognizees of the said Fine or Fines and Recoveror or Recoverors in the said Recovery or Recoveries and the Survivors and Survivor of them their and every of their Heirs and the Heirs of the Survivor of them shall immediately from thenceforth stand and be seized of and in the Premisses or of or in such part thereof whereof any such Declaration Creation Limitation or Appointment of other Vse or Vses Estate or Estates Term or Terms shall be made as is aforesaid to and for such Vse and Vses Estate and Estates intents and purposes and of such Person and Persons and in sucâ—â—ort manner and form as the said A. B. in or bâ— such Deed or Deeds Writing or Writings or bâ— his last Will and Testament in writing by him Sealed and subscribed and testified as aforesaid shall from time to time Create declare limit express or appoint and to none other use intent or purpose whatsoever These presents or any thing therein contained to the contrary thereof in any wise notwithstanding 5. Provided alwayes and it is further Another giving power to revoke Uses with exception of Leases c. hereby Covenanted granted condescended agreed published and declared by and between all and every of the aforesaid parties That the true intent and meaning as well of the aforesaid Recovery as of the said Fine and of all and every of the respective parties to the same and to these presents was and is that it should and might be and shall and may be lawful to and for the said A. B. from time to time and at all times during his life by his Writing or Writings by him to be signed or sealed in the presence of Three Witnesses of credit or more to signifie or declare that his will and pleasure is That all or any of the Vse or Vses Estate or Estates in possession Reversion or remainder limited appointed raised created or implied in or by these presents shall cease determine be void or revoked of for touching or concerning all or any of the said Mannors Messuages Lands Tenements Hereditaments and Premisses or any of them or for touching or concerning any part or parcel of them or any of them And that then and from thenceforth all and every of the said Vse and Vses Estate and Estates in possession Reversion or remainder so signified or declared to cease determine be void or revoked shall then and from thenceforth cease determine and be utterly void and revoked according to the intent and true meaning of the said A. B. so as aforesaid to be signified and declared other then such Lease or Exception vide Apres Sect. 9. Leases Estate or Estates or Charges which he the said A. B. shall make lay or charge of or upon any of the Premisses for satisfying of Debts or for valuable consideration in money or otherwise by force of the aforesaid Proviso in these presents before expressed And also that Raising new Uses then and from thence forth at all time and times after such signification or significations Declaration or Declarations so to be made it shall and may be lawful to and for the said A. B. at any time or times during his life so often as he shall think good by any other his Writing by him to be signed sealed and testified as aforesaid to limit create appoint and declare of for and concerning the said Mannors Lands Tenements Hereditaments and Premisses or any of them any new or other Vse or Vses to the person or persons aforesaid or to any other person or persons whatsoever and that then and from and after such new Limitation the said Recovery and Fine respectively shall be and inure And New Uses the said Recoverors in the said Recovery and Cognizees of the said Fine and their Heirs and all and every person and persons who then shall be and stand seised of and in the Premisses or any part thereof whereof such new Vse or Vses shall be declared created raised limited or appointed and his and their Heirs shall respectively stand and be seised of the same Premisses or such part thereof whereof such new Vse or Vses shall be declared limited or appointed to such use and uses of such person and persons to whom such other or new Estate or Estates Vse or Vses shall be newly declared created raised limited or appointed and for such Estate and Estates and in such manner and form and by and under such Limitations Conditions and Provisoes as shall be so newly appointed expressed or declared And for want of such Declaration or new Limitation so to be made after any such Revocation Then the said Recovery and Fine touching such of the Premisses whereof no such Declaration Limitation or appointment of Vse shall be made shall be and inure to the only use and behoof of the said A. B. his Heirs and Assigns for ever any thing herein before contained to the contrary thereof notwithstanding But it is and always was the intent of all the parties to these presents That no Revocation or new Limitation should or shall any way frustrate or make void any Lease Estate Rent or Charge made granted or charged or No Revocation or new Limitation to prejudice Leases
c. to be made granted or charged of or upon the Premisses or any part or parcel thereof by the said A. B. for valuable consideration or otherwise by vertue or force of any former Proviso in these presents expressed but that the same and every of them shall stand good according to the purport and true meaning of them and every of them notwithstanding any such Revocation or new Limitation hereafter to be made 6. Provided always and it is hereby explained Power of Revocâ—tion of uses as to particular persons and limiting new and declared to be the true intent and meaning of these presents and of all the parties to the same That it shall and may be lawful to and for the said A. B. and E. his Wife at any time during the Coverture between them by any Writing or Writings Indented to be by them signed and sealed in the presence of Three or more credible Witnesses who shall thereunto subsscribe or indorse their Names or Marks testifying the same to alter change Revoke determine diminish or enlarge all or any the Vse or Vses herein before limited touching or concerning the said Messuage Lands and Premisses herein before limited to the said A. B. and E. his Wife for their lives or any part or parcel thereof And by the same Writing or Writings or by any other Writing or Writings Indented so signed sealed and testified as aforesaid to limit or appoint any other Vse or Vses of the same last mentioned Messuage Lands and Premisses or any part or parcel thereof to the said person or persons or to any other person or persons and of such Estate and Estates as to them shall â—eem meet And in case any such new Limitation or appointment of Vses shall be made That then the said Fine so to be levied shall be and inure and shall be deemed adjudged construed and expounded to be and inure as touching the said Messuage Lands and Premisses last before mentioned and every or any part thereof whereof such new Vse or Vses shall be limited or declared as aforesaid to and for such new Vse and Vses as in and by such Writing or Writings so to be signed sealed and testified as aforesaid shall be expressed limited and declared 7. Provided alwayes and it is the true Another as to particular persons intent and meaning of these presents and of all the parties hereunto That if the said A. B. shall at any time hereafter during his natural life be minded or willing to revoke and make frustrate and void the Vse and Vses limited as aforesaid to the said C. B. and D. B. and their Heirs respectively or to limit raise or appoint any other Vse or Vses for or concerning the Premisses to them herein before limited or any part or parcel thereof And the same his will and meaning shall declare in writing under his Hand and Seal in the presence of Two or more credible Witnesses That then and immediately after such Declaration had and made the said Vse and Vses hereby limited to the said C. B. and D. B. and their Heirs of for and concerning the said Premisses or so much thereof whereof the said A. B. shall make such Declaration shall cease determine and be utterly void And that then and at all times after the said Fine shall be and inure and the said C. D. E. F. and G. H. the Cognizees and their Heirs and Assigns shall stand and be seised of the same Premisses whereof such Declaration shall be made to such other Vse and Vses as the said A. B. either by the same or by any other Writing under his Hand and Seal to be testified as aforesaid at any time during his life shall nominate and appoint 8. Provided alwayes c. That it shall Another whereby power is given to revoke and limit new Uses with consent of Cognizees Fâ— offâ—â—s c. and may be lawful to and for the said A. B. at any time or times during his natural life by his Deed or Deeds Indented to be by him seal'd and delivered in the presence of c. by and with the consent and approbation of the said C. D. E. F. and G. H. or of the survivors or survivor of them his or their Heirs and Assigns testified in writing under his and their Hands and Seals to alter change determine or make void all or any the Estate or Estates Vse or Vses before by these presents limited and appointed except only the Vses hereby before limited and appointed to or for the Ioynture of the said E. B. as aforesaid And that from and after such alteration change Revocation determination or making void thereof or of any part thereof these presents and all other Assurances of the Premisses whatsoever shall be and enure and shall be adjudged deemed construed and taken to be and enure And the said C. D. E. F. and G. H. and their Heirs and Assigns and the Heirs and Assigns of the survivor and survivors of them shall stand and be seised of all and singular the Premisses except before excepted Exception or so much thereof whereof such alteration change Revocation determination or making void shall be had and made as aforesaid to such other use and uses and to the use of such person and persons and for such Estate and Estates and in such sort manner and form as the said A. B. by any such Deed or Deeds Indented seal'd and executed in the presence of c. by and with such consent and approbation as is aforesaid shall declare limit and appoint And from and after such Revocation in default of such Declaration limitation and appointment then to the use and behoof of the said A. B. his Heirs and Assigns for ever 9. Provided always c. That the said A. B. Another with a Clause to preserve Leases shall and lawfully may at any time during his natural life with the licence and assent of the said c. or his Heirs under his or their Hand or Seal or Hands and Seals first had and obtained in writing by the Deed or Deeds of him the said A. B. duly executed in the presence of c. to alter change repeal or revoke the Vses or Limitations before-mentioned or any of them and by the same or afterwards by any other Deed or Deeds to be testified as aforesaid to limit or appoint such part of the said Mannors c. whereof such licence shall be had and procured to be to such Vse or Vses for such Estate or Estates and for such Person or Persons and his or their Heirs as the said A. B. shall by such Deed or Deeds declare limit or appoint And it is agreed by and between the said Parties to these presents That the said Conveyances herein before Covenanted to be had or made as aforesaid shall be and inure and the said Feoffeâ—s and their Heirs after such Licence had and obtained as aforesaid and such Declaration Limitation and Appointment had and
or touching the rebuilding of the City of London and of and from all such Actions Suits Charges troubles and damages which he the said A. B. his Executors Administrators or Assigns may happen to incur or be put unto or sustain for or by reason thereof 28. In consideration of which said Work Payment for the Building Materials and Buildings to be done and performed in manner and form aforesaid the said A. B. for himself his Executors Administrators and Assigns doth Covenant and promise to pay and satisfie unto the said C. D. and E. F. their Executors Administrators and Assigns after the rate and price of sixty four pound the square for every square of the said Building the said money after the rate aforesaid to be paid as followeth that is to say When the Floor over the said Cellar is laid fifty pound thereof when the next Floors up one pair of Stairs are laid fifty pound more thereof when the next Floors over that up two pair of Stairs are laid fifty pound more thereof c. as to the rest and when all the said Work and Building shall be wholly done and finished in all things according to the true meaning of these presents all the remaining money that shall be due for the same at the rate of sixty four pound the square as aforesaid In witness FINIS A Table of the several Chapters and Sections contained in this Book CHAP. 1. Observations touching Conveyances in general Sect. 1 2 3 4 5 6 7 8 9. Chap. 2. The forms of setting forth the Grounds and Considerations of a Conveyance or Settlement c. Money in part paid and in part secured Sect. 1. Barring an Estate Tayl Sect. 2. Natural life Preferment of Children Sect. 3 4. Settlement on collateral Heirs Sect. 5. A Marriage to be had and settlement of a Joynture Sect. 6 7. Performance of an Agreement Sect. 8. Payment of Debts Sect. 9. Chap. 3. Containing several Covenants To levy a Fine by Husband and Wife Sect. 1 2. By several Persons severally interessed Sect. 3. In the County of Lancaster Sect. 4. Of Chester and Lancaster Sect. 5. In ancient Demesn Court Sect. 6. With a Render for years Sect. 7. With Render of a Rent Sect. 8. A Fine sur concessit Sect. 9. To sue forth a Recovery with double Voucher Tenant of the Precipe being made by Fine Sect. 10. By Bargain and Sale Sect. 12 13 14. A Recovery of Lands in several Counties Sect. 15. A Recovery in London Sect. 20. In ancient Demesn Court Sect. 21. A Recovery with single Voucher Sect. 16 17. By a Man and his Wife Sect. 18. By Tenant for life and be in Reversion Sect. 19. To make Assurance of Lands Sect. 23. That Tenants shall Attorn Sect. 24. To produce Writings in defence of the Title Sect. 25. To pay back Purchase-money upon Eviction Sect. 26. To pay back the Purchase-money paid in case the Purchaser dislike c. and if he like then to pay more Sect. 27. Not to claim Dower with a Release of Dower Sect. 28. The form of Covenants joyntly and severally Sect. 29. By Baron and Feme Sect. 30. Chap. 4. Provisoes to make void Estates Vpon Non-payment of Purchase-money Sect. 1. Vpon discharge of a Surety Sect. 2 3. To make void a Rent-Charge upon payment of money Sect. 4. To abate part of an Annuity upon money paid Sect. 5. Chap. 5. The forms of introducing Vses upon Fines Recoveries and other Conveyances Vpon a Fine to be levied Sect. 1 2 3. Vpon a Fine already levied Sect. 4. Vpon a Recovery to be had Sect. 5 6 12. Vpon a Recovery already had Sect. 7 8 10 11 12 13 14. A Release of Errors in the Recovery Sect. 9. Vpon a Fine and Recovery to be had the Fine being of one thing the Recovery of another Sect. 15 16. The like upon Fine and Recovery already had Sect. 17. Vpon a Fine Recovery and other Conveyances to be had Sect. 18. Vpon a Feoffment past and executed Sect. 20 24. Vpon a Covenant to stand seised Sect. 21. Vpon a Bargain and Sale and Grant of the Reversion Sect. 22. Chap. 6. The several forms of indorsing Livery and Attornment Sect. 1 2 3 4 5 6 7. Form of Attornment by Deed Sect. 8. Chap. 7. The several forms of limitation of Vses For Life For Lives of Husband and Wife and longer liver Sect. 1. To Husband for life after to Wife for life for a Joynture Sect. 2. With Proviso to make the limitation to her void upon her claim of other Lands Sect. 3. Vpon parting with her Estate Sect. 4. For years Vse for years determinable upon life Sect. 5. Vse for years to pay Daughters Portions Sect. 15. In Tayl to 1 2 3 c. Sons in remainder after an Estate for life remainder to all other Sons in Tayl according to seigniority c. Sect. 6. Another to Sons already born by name in Tayl with like remainder Sect. 7. To the Father for life remainder to Son for life remainder to Sons Wife for life in satisfaction of Dower the remainder to their 1 2 3 c. Sons in Tayl remainder to the several Sons of the Grandfather in Tayl remainder to the Heirs of the Body of the Grandfather remainder to Grandfathers right Heirs with a Proviso to preserve Estates in Tayl to Children en ventre sa mere Sect. 8 9. To the use of A. B. and Heirs Males of his Body remainder to C. B. his Brother and Heirs Males of his Body with like remainders to his other Brothers remainder to the right Heirs of A. B. Sect. 10. Other limitations in Tayl with remainder to the Heirs Males of the Body of Feoffors Father remainder to the Heirs Males of the Body of Feoffors Grandfather remainder to the right Heirs of the Feoffor Sect. 11. An Vse to the Heirs of the Body of the Wife by the Husband begotten with remainder over to the Husband Sect. 13. In Fee determinable upon a Marriage had Sect. 12. An Vse limited to one until the Heir in Tail come to full age in case the Father die while he is within age and after to the Heir Sect. 13. Another with direction for disposing the Profits in the mean time Sect. 14. The form of a limitation to preserve contingent Vses in case the particular Estate determine before they come in Esse Sect. 15. Contingent Vses Sect. 16. Chap. 8. Power given to cestuy que Use for life to make Joyntures Leases c. To make Joyntures to future Wives Sect. 1 2 3 4 5 6. To settle Lands in certain upon a future Wife for life reserving a Rent Sect. 7. The like of a third part without Reservation Sect. 8. Provision made for future Wives by way of limitation of Vse Sect. 9. To make Leases for lives or years determinable upon lives or for 21 years with or without reservation of Rent Sect. 10. To make Leases for such Terms and under such Rent as Lessor pleaseth Sect.
Leases under the present Rent Ch. 8. S. 11. For two to make Leases successively under the ancient Rent Ch. 8. S. 19. To grant Rents and make Leases to younger Sons Ch. 14. S. 3. To grant a Rent-Charge to raise and make up Portions Ch. 9. S. 21. Power given to revoke Vses and limit new vide in this Table Title Revocation Provisoes to make void an Estate upon Non-payment of the Purchase-money Ch. 4. S. 1. Vpon discharge of a Surety S. 2 3. To make void a Vse limited for a Joynture upon her claim of Dower Ch. 7. S. 2 3. Ch. 11. S. 9 10. To make void a Vse limited to her in Land in case she go about to depart with it Ch. 7. S. 4. To make void a limitation for years to pay Daughters Portions if the Feoffor die without Daughters or after Portions paid Ch. 9. S. 14 15. Another upon payment of the Daughters or Security given for the payment of them by him in the remainder Chap. 9. Sect. 17 18. To make void a Limitation of a Vse to a Daughter upon her Marriage without the Fathers consent and a Limitation over Ch. 11. Sect. 6. To make void a Vse limited to the elder Brother if he pay not a sum to the younger and a Limitation over to the younger Ch 11. S. 13. To make void a particular Vse limited as to a particular Mannor upon payment of a sum to Cestuy que use and a limitation over Ch 14. Sect. 11 To make void a Rent Charge upon payment of Mony Ch. 4. S. 4. To abate part of a Rent Charge upon payment of Mony C 4. S. 5. To transfer a Vse limited in Tayl to the Heir until be arrive to full Age if the Ancestor die while he is within Age and after the Heir comes to Age then to him Ch. 7. S. 13. To alter a Vse upon Non-payment of Mony Ch. 9. S. 12 13. To alter a Vse upon a Portion given in Marriage paid back if the Marriage take not effect Ch. 11. S 10. vide after in this Table Tit. Uses Proviso that Cestuy que use for life shall have power to make a Joynture to future Wâ—ves Ch. 8. S. 1 2 3 4 5 6 7 8 9. To make Leases Ch 8 S. 10 for him and his Issue Male to make Leases Sect. 11. To grant a Rent Charge Chap 8. Sect. 10. vide before in this Table Title Powers Recoveries Covenant to sue forth a Recovery with double Voucher Ch. 3. S. 10 11. Ch. 14. S 8. Ch 3. sect 12 13 14. vide before in this Table Tit. Covenants For the form of introducing Vses upon a Recovery and other Conveyances vide the former Table in chap. 5. Releases A Release of Errors in a Common Recovery c 5. sect 9. Release of Dower chap 3 sect 28. Rents A power given to Cestuy que use for life to settle a Rent on future Wife or Wives for a Joynture chap. 8 sect 5 6. To grant a Rent to raise Portions and making up of Portions unpaid chap. 9 sect 21. A use limited to the end a Rent may be paid and in default the Vse is limited to the Party that should have the Rent chap. 9 sect 3 4 5 6. A use of Lands first limited chargable with Rents after mentioned and then the Rents are mentioned and power given to distrain chap 9. sect 8 9. c. 14. s 2 3 4. That a Rent setled on a Daugâ—ter is cease upon her Marriage without Fathers consent ch 11. s 2. 8. Reservation of Rent to one and his Heirs Males and after to others in Remainder chap. 13 sect 1. Revocation Power given to revoke Vses and limit new ch 12. sect 1. by Deed or last Will sect 2. To revoke Vses raised by Covenant to stand seized Chap. 12. Sect. 3 4. Another with exception of Leases and Charges to be made pursuant to a power in the same Deed given chap. 12. sect 5. 9. To Revoke Vses with exception of some of the Vses by consent of Cognizeeâ— sect 8. Another as to one Mannor sect 10. Another as to particular Vses ch 12. s 6. 7 The form of a short Deed of Revocation ch 13. s 1 Another with recital of the Power of Revocation ch 13. s 2 3. Another with a Feoffment added sect 4 Another of Vses setled by Covenant to stand seized ch 13. s 5. Another made upon having Issue pursuant to power given s 6. vide the former Table in chap 12 13. Settlement of Estates vide the former Table in chap. 14. The form of several Covenants used in the settlement of Estater See the former Table in chap. 15. Tenant to the Precipe in a Recovery made by Fine ch 3 s 10 11. by Deed of Bargain and Sale sect 12 the form of the same Deed sect 13. Tayl Vses limited in Tayl vide the former Table chap. 7. 14 Trusts To pay Daughter Portions and allow maintenance until paid chap. 9 sect 10 11. To raise Portions ch 14. s 13. That he shall permit him in remainder to enjoy the Land until Portions paid to Sons and Daughters by him in Remainder but after default to enter and raise the Portions and then to surrender his Estate ch 9. s 19 20. A limitation for years to Executors in Trust to pay Debts and Legacies ch 10. s 4. To perform a Will sect 5 6. A limitation for payment of Debts and Legacies ch 14. s 6. 10. ch 10 s 1 To sell the Lands to pay Debts and restore the surplus but if the Heir pay the Debts within a year of Fathers death Then the Trustees to convey to him ch 10. s 2. To sell and dispose the Mony as it 's appointed ch 14. sect 10. Uses The forms of introducing Vses upon Fines Recoveries c. vide the other Table in chap 5. The several forms of limitation of Vses See the other Table in chap. 7. That Feoffees and Cognizees shall stand seized to the use of such Persons in whom an Estate for life shall be setled by Cestuy que use for life according to power to him given and after to other uses chap. 8. sect 1 2 3 4 5. A Vse limited after a determination of a particular Estate made according to Power given by the Deed to others therein named ch 8. sect 7 8 9 10 12 13 14 15 16. 18. 19. 22. As to several Mannors several Vses ch 14 sect 6. A Vse limited to such Persons to whom Leases shall be made according to power given by the Deed Ch. 8. Sect 20 21. Ch. 9. S. 10. Ch. 14. Sect. 5 A Vse limited to the end a Rent may be paid with clause of Distress and a Limitation over of the Vse of the Land chargable with the Rent Ch. 9. S. 3 4 5 6. Vse of the Land to several persons chargable notwithstanding with the Rents after mentioned C 9 S. 8 9. Ch. 14. S. 2 5. A Vse changed upon non payment of an Annuity Ch. 9. S 2 3. A Vse
contained therein doth grant and render back to the Cognizor the lands c. or some part thereof and many times limitting thereby Remainders to persons that are Strangers and not named in the writ of Covenant This fine is partly executed partly executory and hath Proclamations and is quoad partem priorem absolutely of the same Nature with a Fine sur Cognizance de droit come ceo c. but as to the second part containing a Grant and render as aforesaid it is taken in law to be rather a private Conveyance or Charter then to have the force of a Fine which as we have before expressed is declared to be a Feoffment upon Record With this agrees the Lord Cooks exposition in 5. Rep. fo 38. where speaking of a Fine with Render he hath these words The Cognizance of a Fine and a Grant and render therein shall be expounded and taken as a Charter or other Conveyance between party and party and not as a Writ or Iudgment upon Record A Fine sur Cognizance de droit tantum ove Fine sur done grant what grant which is also called a Fine sur done grant is levyed without Proclamations executory and much of the Nature of a Fine sur Concessit and is used commonly by Tenant for life to make a surrender of the Lands contained in it to him or them that have the Reversion or Remainder thereof and so you will find it used Chap. 10. Sect. 1. and 5. of this Treatise And sometimes it is expressed by such Fine that the particular Estate is in another and that the Cognizor willeth that the other shall have the Reversion or that the land shall remain to the other after the particular Estate spent West Symb. part 2. Dyer 216. Plowd 265. Coke 3. 86. and 7. 12. Crooke 1. last published fo 693. A Fine sur Concessit is where the Cognizor is Fine sur Concessit what seised of the Lands contained therein and the Cognizee hath no Freehold therein but it passeth by the Fine it is without proclamations and executory for the Cognizee or Cognizees therein must enter and have a writ of habere facias seisinam according to their several cases for the obtaining of the possession if the parties at the time of levying such Fine sur Concessit be not in possession of the thing granted but if they be in possession at such time there needs not any such Writ or any Execution of the said Fine to put them into possession for then the Fine will enure by way of Extinguishment of Right and doth not alter the Estate or right of the Cognizee however perchance it may better it CAP. III. Of the parts of a Fine THe parts of a Fine are five viz. The writ of Covenant 2. The Composition or the Kings licence to alienate 3. The Concord 4. The Note of the Fine 5. The foot of the Fine And if it be a Fine sur Cognizance de droit come ceo c. it is requisite that a sixth be added viz. Proclamations as a necessary adjunct thereunto 1 The writ of Covenant is the original writ Writ of Covenant taken out by the Cognizee or Cognizees against the Cognizor or Cognizors to the Fine for without â—his a Fine cannot be levyed And a Fine may be levyed upon any writ of Right or other writ whereby Land is demanded or may be recovered 2 The Composition or Kings Licence to alienate Composition for which the 〈◊〉 hath a Fine or sum of mony which is called the Kings Silver and is paid in when the Land reposeth 3 The Concord or Agreement between the Concord parties that intend the levying of the Fine wherein is declared how and in what manner the things contained in the writ shall pass and as the writ of Covenant is the foundation so this is the substance of the Fine For if the Kings Fine be entered and indorsed upon the writ of Covenant by the Clerk of the Kings Silver although the Cognizor dye before the Fine comes to the Chirographer yet is the Fine good for the Note and foot of the Fine are but Abstracts taken out of this by the Chirographer 4 The Note of the Fine which is an Abstract Note of the Fine taken out of the writ of Covenant and Concord by the Chirographer before it be ingrossed and begins thus ss Inter A. B. quer C. D. deforcientem 5 The foot of the Fine includeth the whole Foot of the Fine Fine the parties to the same the thing granted the day year and place and before whom the Concord was made and this is called the foot because it is the last part of the Fine And when this is done the Fine is ingrossed of Record and the Indentures made by the Chirographer and delivered to the party to whom the Cognizance is made and then the Fine is said to be ingrossed The Proclamations made upon a Fine which although they be not the essential parts of a Fine yet as is said before are requisite to a Fine sur Cognizance de droit come ceo c. for they do make a Bar according to what doth pass CAP. IV. Who may be Cognizors and Cognizees in Fines and by what names they may give and take in a Fine SVch persons Male or Female or bodies sole or Who may be Cognizors in Fines Corporate that are capable of granting by deed may be Cognizors in Fines And so an Infant Feme covert an Ideot mad or Lunatick person one non sane memorie or that hath a Lethargy or a doting old person that wants discretion a man that is drunk or one born blind deaf and dumb a Bastard an out-lawed person or one Attainted of Treason or Felony or persons that are compelled thereto by threats and Menaces to lose their lives or members or to suffer Imprisonment and a Fine levyed by them may be good But the Iudges or Commissioners before whom Fines are to be levyed by such persons ought not to admit such unfit persons to acknowledge Fines as Madmen Lunaticks Ideots doting persons men that have the Lethargy or are drunk Infants Feâ—e Coverts and such as are forced to it by threats or Imprisonment neither ought such as are born blind deaf and dumb persons attainted of Treason or Felony and such like to be received to levy Fines But if any of these be admitted Cognizor in a Fine and such Fine be thereupon levyed in due form of law The Fine in most cases will be good and unavoidable Coke 12. 124. Lit. Sect. 731. fieri non debet sed factum valet A Fine may also be levyed by a Mayor and Commonalty and such other Corporations Civil and bodies Politick as have an absolute Estate in their possessions belonging to their Corporations if it be done together and by the joynt consent of the body Corporate For no one of the Corporation no not the head of the Corporation by himself nor any of the
Arcana Clericalia or The Misteries of Clerkshipp As to the Sure Settlements of Estates by Deeds Fines Recoveries â—â— With the Formes of all manner of Charterparties in Maritime Citties Townes and Corporations by George Billinghurst of Grayes Inn Esq Printed for H. Twyford in Vine Court in the Middle Temple Arcana Clericalia Or THE MYSTERIES OF Clarkship BEING A sure way of Setling Estates By DEEDS FINES and RECOVERIES With the Forms of all manner of Charter-Parties in Maritime Cities Towns and Corporations WITH A TABLE of all the Principal matters therein contained By George Billinghurst of Grayes-Inne Esq LONDON Printed for Henry Twyford in Vine-Court Middle-Temple 1674. TO THE Practitioners and Students OF THE Common LAW OF ENGLAND Especially such as would be throughly Acquainted with Conveyancing WIthout the least Flattery to the Memory of our deceased Author I may boldly say His indefatigable Labours need not be usher'd into the World with studied Eulogyes And I doubt not but you will concur with me in the same Opinion when you have perus'd this Book and confess his own Labours to be his greatest Commendation Touching the Subject matter it contains the several Forms of Settlements of Estates to Uses with power for Cestuy que use for Life and in Tayl to make Joyntures Leases and Grants of Rents Likewise the Forms of Limitation of Uses for Years for payment of Debts discharge of Sureties and raising of Portions for Younger Children It also treats of Limitation of Uses in Fee for the Lands to be sold to pay Debts c. With several forms of Revocation of Uses and limitingVses de novo and of Covenants with other Incidents to the like Conveyances Besides these there are other most useful Presidents relating to Merchants and Traders Affairs fit for all Maritime Cities Towns and places of Trade The whole Work is so Methodically digested by the Author that any Person who is not a meer stranger to the Law may make great use and advantage thereof and speedily and readily find any particular matter therein contained As to the Author I shall only say thus much in general of him viz. That Hâ—spent a considerable time in the study of the Law at Grays-Inne and being unwearied in searching after all opportunities to improve his knowledge He at length was call'd to the Barr and gain'd in a little time the Vogue of being a profound and judicious Counsellor His Apprehension was alwaies quick his Judgment deliberate solid and not wavering of a clear discerning faculty his Memory sound and his Patience the truest index of a Wise man alwaies commanded his Passions in short He was a Person of exquisite natural and acquired Parts and that which much contributed to the latter was his great Moderation and Temperance whereby his study and business glided in their delighted Channels uninterrupted Being at length wearied with Business he retir'd into the Country where having finish'd this Elaborate Work he dyed Since whose death his Manuscript being left to the Guardianship of a Friend and committed into my hands in order to be made Publick for the further advantage of such as would be perfect in the setling of Estates I have hereunto added the Learning touching Fines and Recoveries hoping the Ingenious will be moderate in their Censures And if I have in this done any thing to your Advantage it will answer the pains of him that is Your Servant W. B. An ANALYSIS of the whole Art of Conveyancing Deeds are either Indented of two parts three parts or more or Poll in 1st Person or 3d Person And consists of Grants which are Constitutive or Creating what was not before as The first Grant of A Way A Rent Estate Tayl for life for years Warranty c. And are Absolute or Conditional or Conveying whereby Estates already made are conveyed to others or Discharges and are Remissory or Liberatory which releaseth or dischargeth something in being as Releases Defeazances Acquittances Ordinary Deeds by which Lands usually pass are Feoffment Bargain and Sale Gift or Grant Lease Assignment Exchange Surrender Confirmation Release Indenture to lead uses of Fines or Recoveries Covenant to stand seized to uses Revocation and new Declaration All or most of which have formal and orderly parts viz. 1. The Premisses unto the Habendum including 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and descriptions Which are certain in themselves or Which by reference may be reduced to a certainty 4. Exception by the words Excepted Excepting Besides Saving Save only c. Which must be 1. A Particular out of a General 2. Part of what is granted not all 3. That which may be severed from the thing granted and not an inseparable incident thereto 5. Recital of something antecedent 2. The Habendum whose office is to set down 1. The Grantee and 2. Certainty of Thing Estate and Life granted and to what use 3. The Reddendum which reserves some new thing to the Grantor c. And is usually made by the words Yielding Paying Doing Reserving Finding c. And reserves what was not before or Abridges the Tenure of what was before 4. Warranty 5. The Covenants containing the terms of Granting and Holding being either Real or Personal And Inherent or Collateral And must contain things to be done Lawful and Possible 6. The Conditions which are Precedent or Subsequent To the Estate and are Affirmative Negative Collateral Inherent Restrictive Compulsory Single Copulative Disjunctive And make the Estate whereto they are annexed Void without or Voidable by Entry or Claim Or tend to make and enlarge or destroy or Clogg Estates 7. The Conclusion To the making of a good Deed are required 1. Legible and formal Writing in Paper or Parchment before Sealing and Delivery 2. Capable Persons not disabled by Law as Donors that are Persons attainted of Treason Felony Premunire Infants Madmen Idiots Femes Covert Aliens Deaf blind and dumb from Nativity Except in several special cases and things Donees as Monks Fryers c. 3. A thing to be granted and passed 4. By proper and sufficient Names and descriptions of 1. Grantor 2. Grantee 3. Thing Granted Which must be grantable In its own Nature and And by him that grants it And is either ☞ Corporeal and Immovable as Houses Lands Woods c. And are grantable in Fee Tayl for Life Years c. And assignable from man to man Or Incorporeal as Rents Services Advowsons Presentations Reversions Remainders Offices Licenses Franchises Commons c. Whereof some are 1. Grantable at their first Creation but not assignable after as Great Offices of Trust Judicial Offices Licenses Authorities c. 2. Assignable always 3. Intirely but not in part 4. Intirely or in part 5. To any Body 6. But to special Persons 7. Something 's incident to others not grantable without the things to which they are incident Or Chattels either Real as Leases for years present or to come Extent c. or Personal as Oxen Horses Plate
kindred of the said A. B. c. Or thus A well for the advancement and preferment of the Heirs Males of the Body of the said A. B. lawfully to be begotten and for the better advancement and preferment of C. B. D. B. c. the natural Brothers of the said A. B. and to the end that the Mannors c. hereafter mentioned may continue in the name blood and kindred of the said A. B. so long as it shall please God as for divers other good causes and considerations c. 4. Whereas the said A. Lord B. is and standeth Another form more large seizâ—d in possession reversion and remainder of some Estate of inheritance of and in divers and sundry Honors Castles Mannors Lordships Messuages Parks Chases Lands Tenements Advowsons Liberties Franchises and Hereditaments all which or the most part thereof have for a long time remained and continued in the Name and Blood of the said Lord B. and in regard the said Lord B. is desirous and intendeth to establish and settle all the said Honours Mannors c. to such intents and purposes as that the same may remain in the Name Blood and Kindred of the said Lord B. according to the uses hereafter thereof expressed and declared for the better advancement of the House Honour and Blood of the said Lord B. so long as it shall please God to permit the same and our of the Fatherly love and affection which he beareth unto Sr. T. B. Knight his Son and Heir apparent and for the preferment advancement and maintenance of the Lady E. B. now the Wife of Joynture the said Lord B. and for her joynture in case she shall happen to overlive the said Lord B. and for Settlement on collateral Heirs divers other good causes and considerations c. 5. Witnesseth that for divers good causes and considerations him the said A. B. hereunto moveing and especially for that the said A. B. and C. B. his Wife have been married these many years and have had no issue of their Bodies and to the end that in case the said A. B. should die without issue of his Body lawfully begotten the Capital Messuage Lands and Tenements hereafter mentioned shall and may so loâ—g as it shall please God remain and continue in the Blood and Kindred of the said A. B. and for the natural love which he beareth unto c. naming his Brothers oâ— Sisters and for divers other good causes and considerations c. 6. Whereas theâ—e is a marrirge by the grace of A marriage to be had and settlement of a joynture God to be shortly had and solemnized between the said C. B. Son and Hâ—ir apparent of the said A. B. and A. D. the Daughter of the said C. D. witnesseth that the said A. B. in consideration of the said Marriage and of the Summ of 800 l. of good and lawful money of England to him in hand paid as the Mâ—rriage Portion of the said A. D. by the said C. D. her Father and for the Natural love and affection which the said A. B. beareth unto the said C. B. and to the end intent and purpose that a competent joynture may be had and made unto the said A. D. for the better maintenance livelyhood and advancement of the said A. D. in case she shall happen to survive and overlive the said C. B. and in full recompence and satisfaction of all the Dower and Title of Dower which she the said A. D. by or after the death of the said C. B. shall or may have to any the Mannors Lands Tenements or Hereditaments whereof the said C. B. shall during the coverture between him and the said A. D. be seized of any Estate of Inheritance and for the advancement of the Name and Blood of the said C. B. and for and towards a provision of Maintenance to be had and made unto and for the said C. B. and A. D. during the natural lives of the said A. B. and A marriage already had and for a joynture c. E. his wife c. 7. Witnesseth that for and in consideration of the natural love and affection which the said A. B. beareth unto the said C. B. his eldest Son and Heir apparent and other his Sons hereafter named and for the advancement of the Name and Blood of the said A B. and also in consideration of a Marriage heretofore had and solemnized between the said C. B. and D. B. now Wife of the said C. B. and of the Sum of 1000 l. to the said A. B. by W. D. Father of the said D. B. well and truly contented and paid as the marriage portion of the said D. B. and to the end and intent that a competent and convenient joynture and estate may be had made and provided for the said D. B. for term of her life in case she shall happen to survive the said C. B. in recompence and satisfaction of all the Dower and Title of Dower which the said D. B. by or after the death of the said C. B. hath or shall or may have in or to any of the Mannors Messuages Lands Tenements or Hereditaments whereof the said C. B. is or during the Coverture between him and the said D. B. shall be seized of any Estate of Inheritance and for other good causes and considerations c. 8. Witnesseth that in consideration of a Marriage An other in relation to former agreements heretofore had between the said A. B. and F. B. his now Wife and of the good will and affection which the said A. B. beareth unto the said F. B. and for the true performance of such promises and agreements had and made by the said A. B. upon the marriage between the said A. B. and the said F. B. had as aforesaid and for a joynture c. and to the end and intent and purpose that the Lands Tenements and Hereditaments of the said A. B. hereafter mentioned may come and continue to and in the issue of the said A. B. and F. in such sort Manner and Forme as hereafter is in these presents expressed mentioned and declared and for other good causes c. 9. Whereas the said A. B. is now lawfully seized Payment of debts in his demesne as of Fee of and in a Messuage Tenement and Lands with the Appurtenances scituate lying and being c. of the yearly value of 250 l. per annum of lawful moneys of England And whereas the said A. B. is indebted and doth owe unto divers Persons several Summes of Money amounting in the whole to 1000 l. of like moneys being particularly mentioned in a Schedule hereunto annexed which summes the said A. B. is not at present able to pay and yet minding and intending to make payment thereof with such speed as it may be in consideration whereof and for asmuch as the said C. D. hath undertaken out of the Rents issues and prossits arising out and from the said
wife who shall likewise appear gratis and vouch to warranty the common Vouchee who shall also appear imparle and make default whereby a perfect Judgment may be had and given against the said C. D. and E. F. and for the said C. D. and E. F. to recover aganst the said A. B. and E. his wife and for the said A. B. and E. his wife to recover in value against the common Vouchee So that a good and perfect Recovery may be had with double Voucher and execution be had and made thereof c. 12. This Indenture c. Between A. B. of the An other with double Voucher the Tenent of the precipe being before made by Deed c. vide Sect. 13. first part C. D. of the second part and G. H. of of the third part Witnesseth that for divers good causes and consideration c. It is covenanted granted and agreed by and between the said Parties to these presents in manner and form following That the said G. H. shall on this side and before the Feast of c. next ensuing the Date of these presents purchase and sue forth out of the High Court of Chancery one original Writ of entry sur disseisin en le post against the said C. D. returnable before the Justices of his Majesties Court of Common Pleas at Westminster at a Time certain in the said Writ to be mentioned And by the said Writ shall demand against the said C. D. all that the Messuage and Lands c. Setting forth the particulars and where they lye By such names qualities and numbers of Acres as by the said G. H. and his Council Learned in the Law shall be devised advised or required Unto which said Writ the said C. D. shall appear gratis and take upon him the Tenancy of all and every the said Messuage Lands and other the Premises with the Appurtenances and shall vouch to warranty the said A. B. who shall appear gratis and vouch to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and after imparle and make default in contempt of the Court so that Judgment shall be given that the said G. H. shall recover the said Messuages Lands and Premises in the said Writ to be contained against the said C. D. and that the said C. D. shall recover over in value against the said common Vouchee And that execution of the said Recovery so to be had shall be made according to the form of common Recoveries in such cases used and accustomed And that the said G. H. C. D. and A. B. and the said common Vouchee and every of them shall and will do execute perform and suffer all and every such Act and Acts thing and things whatsoever as as shall be necessary and expedient for the prosecution of the said Recovery and the execution thereof according to the form and Order of common Recoveries with double Vouchers in such cases used c. 13. This Indenture c. Between A. B. of To make a Tenent to a Precipe by barg sale the one part and C. D. of the other part Witnesseth That the said A. B. for and in consideration of 5s of lawful Money of England to him in hand paid before the sealing and delivery hereof by the said C. D. the receipt whereof the said A B. doth acknowledg And to the end and purpose that the said C. D. may be made a perfect Tenent to a Precipe against whom a common Recovery may be had of the Mannor and Lands hereafter mentioned Hath granted bargained and sold and by these presents doth for him and his Heirs grant bargain and sell unto the said C. D. and his Heirs all that the said Mannor c. To have and to hold the said Mannor Lands and Premises and every part or parcel thereof unto him the said C. D. his Heirs and Assigns for ever to the only use and behoof of the said C. D. his Heirs and Assigns for evermore 14. This Indenture c. Between A. B. of To suffer a Recovery with the recital of the said former deed with double Voucher the first part C. D. of the second part and E. F. on the third part Whereas the said A. B. hath by his Indenture of bargain and sale bearing Date the c. last past before the Date hereof for the consideration therein exprest granted bargained and sold unto the said C. D. and his Heirs all that the Mannor c. to the end of the Habendum which said bargain and sale was made to him the said C. D. and his Heirs to and for the only use intent and purpose that the said C. D. should be sole Tenent of the Premises to a Precipe against whom the Recovery hereafter mentioned might be had in manner and form following Now Witnesseth this present Indenture And it is covenanted concluded and ageed by and between all the said Parties to these presents for the â—selves respectively and their Heirs That before the end of the Term of the Holy Trinity next enâ—uing the Date hereof there shall be at the only cost and chaâ—gâ—s of the said E. F. more brief one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such caâ—es used and accustomed had and executed of the said Mannor c. in his Majesties Court of Common Pleas usually held at Westminster by and in the name of the said E. F. demaâ—dant against the said C. D. Tenent of the said Mannor c. with the appurtenantes who shall vouch to warranty the said A. B. who being vouched shall appear gratiâ— and vouch to warranty the common Vouchee who shall appear gratis and shall enter into the warranty and afterwards make default to the end that a perfect common Recovery shall and may be of the said Mannor Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries for assurance of Lands Tenements and Hereditaments in such cases used and accustomed 15. This Indenture c. Between A. B. of To suffer a Recovery of Lands in sevâ—ral Coâ—nties bâ— several Writs with double Voucher the first part C. D. of the second part and E. F. of the third part Witnesseth That it is covenanted granted and concluded by and between the said Parties to these presents in manner and form following That is to say that the said C. D. †Note he is made Tenent to the Precipe by a former Deed. shall before the Feast of c. now next ensuing the Date hereof suffer the said E. F. to pursue three of the Kings Majesties Writs of entry sur disseisin en le post against the said C. D. before his Majesties Justices of the Common Pleas at Westminster By one of which said Writs of entry the said E. F. shall demand against the said C. D. all that Mannor c. in the County of M. And by
their former Estate Any thing herein before contained to the contrary thereof in any wise notwithstanding 3. This Indenâ—ure c. Between A. B. of the one An other to secure from suertiship part and C. D. of the other part Whereas the said C. D. at the request and for the only and proper Debt of the said A. B. is and standeth bound together with and for the said A. B. in and by several Bonds and other Writings obligatory in a Schedule hereunto annexed particularly mentioned for several Sums of Money to several Persons in the said Schedule likewise mentioned Now witnesseth these presâ—nts That the said A. B. for the better security of and saving harmless and indempnified the said C. D. his Heirs Executors and Administrators and his and their Lands Goods and Chattels of and from the said several Engagements and for their good Causes and Considerationâ— hath c. let there be a Feoffment Bargaine and Sale c. Provided always and upon condition That if the Proviso said A. B. his Heirs Executors or Administrators shall and do well and truly satisfie and pay or cause to be well and ttuly satisfied and payed all and every the said Sum and Sums of Money for the payment whereof he the said C. D. is and standeth bounden with and for the said A. B. as aforesaid in the said Schedule mentioned according to the several effâ—cts and purports of the said Writings obligatory and deliver or cause to be delivered up unto the said C. D. hiâ— Executors or Administrators all and every the seveâ—al Bonds and Writings obligatory to be cancelled or else sufficient Releases and Discharges touching or concerning the same and that within one Month after the several and respective Sums of Money therein mentioned shall severally and respectively become due and payable That then and from thenceforth c. as in the former precedent Sect. 2. 4. Provided always and it is the true intent Proviso to make void a Rent charge granted in Fee upon payment of money and meaning of the said parties to these presents That in case the said A. B. his Heiâ—s or Assigns or any of them shall be minded or determined to purchase out redeem or discharge his said Lands and Tenements of and from the said Rent charge and shall by the space of six Months before any Feast of St. Michael the Archangel give knowledg and notice of such his mind and determination unto the Person or Persons of the said C. D. his Heirs or Assigns or any of them or shall by the said space openly leave to or for the said C. D. his Heirs or Assigns at the now dwelling House of the said C. D. any Writing or Note signifying such his determination and purpose And also shall and do at the Feast of the Annunciation next following after such Notice given or left as aforesaid pay or cause to be paid unto the said C. D. his Heirs or Assigns the full Sum of c. of lawful Moneys of England together with all the Arerages of the said Annuity or Rent-charge if any shall be that shall be behind or unpaid on the said Feast of Annunciation at one entire payment that then and immediately from and after the payment of the said Sum of c. and Arrerages aforesaid if any shall be the said Annuity or Annual Rent-charge of c. by the year and these presents and every Covenant Article and thiâ—g therein contained shall cease determine and be utterly void Any thing in these presents contained to the contrary thereof in any wise notwithstanding 5. Provided always And it is covenanted concluded a part upon money paid Another to abate in and agreed by and between the said Parties to these presents That if the said A. B. his Heirs Executors Administrators or Assigns upon six Months warning thereof in writing under his or their hands before hand to be given by the said A. B. his Heirs Executors Administrators or Assigns unto the said C. D his Heirs Executors Administrators or Assigns shall and will at or upon any first Day of May or Feast of All Satnts at or in the place aforesaid pay or cause to be payed unto the said C. D. his Heirs Executors Administrators or Assigns the Sum of 100 l. of lawful Moneys of England over and besides the said Rent-charge or Annual Sum of c. and the Arrears thereof if any then shall be That then and from thenceforth from and after the said payment or payments so made as aforesaid of every of the said Sum or Sums of 100 l. with Arrears of the said Rent if any shall be to be Endorsed upon both parts of these Iâ—dentures and subscribed by the said C. D. his Heirs Executors or Administrators for every Hundred Pounds that shall be paid as aforesaid over and besides the said Arrears if any shall be the full and entire Sum of 100 l of the said 500 l. yearly Rent â—r Annunity hereby granted as aforesaid shall cease and be determined Any thing herein before contained to the contrary hereof in any wise notwithstanding CHAP. V. vid. chap. 7 the forms of limitations of uses Containing the Several Ways and Forms of Introducing Uses upon Fines Recoveries and other Conveyances 1. THâ—s Indenture c. Between A. B. and Upon a Fine to be levied E. his wife on the one part and C. D. and E. F. on the other part Witnesseth That for the Conveying Assuring and sure making of all and singuler the Messuages Lands Tenements and Hereditaments hereafter in these presents mentioned to the uses inâ—ents and purposes hereafter in and by these presents expressed limitted and declared It is agreed and concluded by and between the said parties to these presents And the said A. B. for himself his Heirs Executâ—rs and Administrators doth covenant grant and â—gree to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his wife shall and will at the proper costs and charges of the said A. B. before the Feast of c. next ensuing the Date hereof in due forme of Law acknowledg and levy before the Justices of his Majesties Court of Common Pleas at Westminster one Fine Sur cognizance de droit come ceo c. with Proclamations unto the said C. D. and E. F. of all the Messuage or Tenement c. and here set down particularly the Messuages and Lands to pass by certain Name or Names and quantities of Acres in the said Fine to be contained And that the said Fine so to be had and levied as aforesaid Several forms to begin the limitation of uses or in what manner or forme soever the same shall be had shall be and inure and the said C. D. and E. F. shall by force thereof stand and be seized of the said Messuage and Lands and all other the Premises with the Appurtenances to the
uses inteâ—ts and purposes and upon the Conditions and Limitations hereafter in these presents limitted expressed and declared and to no other uâ—e intent or purpose whatsoever That is to say c. 2. And it is covenanted concluded and fully agreed Or thus by and between all the said Parties to these presents And they and every of them do hereby exâ—ress signifie and declare That the said Fine so to be levied as aforesaid and all and every other Fiâ—e and Fines hereafter to be had and levied of the Premises or any part thereof between the said Parties or any of them before the said Feast of c. shall be and inure and the said C. D. and E. F. and their and one of their Heits immediately from and after the said Fine as also any other Fine thereof to be levied as aforesaid shall stand and be seized of the Premises to the only uses intents and purposes hereafter mentioned viz. as to the said Messuage or Tenement and Lands with the Appurtenances now in the occupation of c. To the use and behoof of c. And as to the said Messuage or Tenement and Lands now in the occpation of c. To the use and behoof of c. 3. And it is covenanted granted concluded Or thus and agreed by and between all the said Parties to these presents for themselves their Heirs and Assigns That the said Fine to be acknowledged and levied as aforesaid of the Messuages Lands Tenements and Hereditaments aforesaid and the execution thereof and the Estate Right Title Interest and Possession of them the said C. D. and E. F. and of the Heirs of such of them to whom the inheritance of or in the Premises shall be limitted in and by the said intended Fine shall be and shall for ever be adjudged deemed and taken to be And the said C. D. and E. F. and the Heirs of such of them to whom the inheritance of the Premises shall be limitted in or by the said intended Fine and the surviver of them shall stand and be seized of and in all and singular the said Messuages Lands Tenements and Hereditaments and of every part and parcel thereof with the Appurtenances to the uses intents and purposes and under and upon the Provises limittations conditions and agreements hereafter in these presents mentioned and contained That is to say of for and concerning all that Messuage and Lands c. with the Appurtenances in M. aforesaid in the tenure or occupation of c. being parcel of the said Premises whereof the said Fine before by these presents is covenanted to be levied as aforesaid by the said A. B. and of the Revertion and Revertions Remainder and Remainders of the same To the use and behoof of c. And of for and concerning all and every the said other Messuages Lands c. with their and every of their Appurtenances whereof the said Fine is covenanted to be levied as aforesaid and the Revertion and Revertions Remainder and Remainders thereof to the use and behoof of c. 4. This Indenture c. Between A. B. and E. his wife of the one part and C. D. and E. F. Upon a Fine already levied of the other part Whereas the said A. B. and E. his wife have in the Term of St. Hillary last past before thâ— Date of these presents levied one Fine in due form of Law unto the said C. D. and E. F. of all that Mannor c. The which Fine was levied by such names number of Acres and other Particulers as are in the said Fine contained as by the said Fine reference being theteunto had more fully it doth and may appear Now Witnesseth these presents and it is hereby declared by and between all the Parties hereunto That the true intent and meaning of the levying of the said Fine at the time of the levying thereof was and is to be taken to be to the uses intents and purposes hereafter following That is to say to the use of c. 5. This Indenture c. Between A. B. of Upon a Recovery to be had with double Vouchâ—r the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas the said A. B. by one Indenture of bargain and sale Dated the first day of this instant January and inrolled in his Majesties High Court of Chancery the twentieth Day of the same Month made between the said A. B. on the one part and the said C. D. and E. F. on the other part Hath granted bargained and sold to the said C. D. and E. F. and their Heirs all that Mannor c. and the Revertion and Revertions Remainder and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannor c. and all and every the said Premisses with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever to the only proper and absolute use and behoof of the said C. D. and E. F. their Heirs and Assigns for ever To the end intent and purpose that the said C. D. and E. F. might thereby and by force of the Statute of transferring uses into possession become Tenents of the Freehold of all and every the Premisses that a good and perfect common Recovery with double Vouchâ—rs may be thereof had and executed Now Witnesseth this present Indenture And it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs That they the said C. D. and E. F. shall and will permit and suffer the said G. H. and I. K. before the Feast of c. next ensuing the Date of these presents by Writ or Writs of entry sur disseisin en le post to be sued forth and obtained out of the Kings Majesties High Court of Chancery and returnable before the Justices of our Sovereign Lord of the Court of Common-Pleas at Westminster in the Names of the said G. H. and I. K. demandants against the said C. D. and E. F. Tenents or the survivor of them to Recover to them the said G. H. and I. K. and their Heirs in due form of Law according to the usual form of common Recoveries for assurance of Lands Tenements and Hereditaments against the said C. D. and E. F. the said Mannor and Premises with their and every of their Appurtenances by some name or names in the said Writ and Recovery to be contained In and to which said Writ the said C. D. and E. F. shall gratis appear in their proper Persons and after defence made shall vouch to warranty the said A. B. who shall likewise thereupon appear and enter into the warranty and vouch over the common Vouchee who shall likewise appear and enter into the warranty and after make default to the end that a perfect common Recovery may be had and executed
executed by Writ of habere facias scisinam as by the Records of the said Court it doth and may appear 11. Now witnesseth this present Indenture The Uses That the true intent and meaning of the said A. B. and of the said Recoverors and of all the Parties to the said Recovery and to these presents and of every of them before and at the Time or Times of suffering the said Recovery for touching and concerning the said Messuages Lands Tenements and Hereditaments and every of them whereof the said Recovery was suffered and had was and now is That the said Recovery should and shall be and inure and shall be construed adjudged deemed and taken to be and inure And that the said Recoverors and every of them and their Heirs and all and every other Person or Persons and his and their Heirs who then were or now are or hereafter shall be seized of the said Messuage Lands and Premisses or of any part thereof by force of the said Recovery should and shall stand and be seized of the same and every part and parcel thereof to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared and to no other use intent or purpose whatsover That is to say c. 12. This Indenture made c. Between A. B. Upon a Recovery with single Voucher to be had of the one part and C. D. and E. F. of the other part Witnesseth That it is covenanted concluded and agreed by and between the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth covenant grant and agree to and with the said C. D. and E. F. and their Heirs by these presents That he the said A. B. shall permit and suffer the said C. D. and E. F. to prosecuâ—e one Writ of entry sur disseisin en le post against the said A. B. of and for all that Mannor c. with their and every of their Appurâ—enances by such name and names quantities and numbers of Acres and in such manner and form as shall be thought fit and expedient Unto and in which Writ the said A. B. shall appear gratis and vouch over to warranty the common Vouchee who shall likewise appear gratis and enter into the warranty and make default in contempt of the Court whereby one Recovery shall or may be had or suffered against the said A. B. of the said Mannor c. according to the usual course of common Recoveries for assurance of Lands and Tenements And it is further concluded and agreed by and between the said Parties to these presents That the said Recovery shall be had and suffered as aforesaid before the end of Michaelmas Term next ensuing the Date hereof And that the said Recovery and the Execution thereof and the full force and effect of the same shall be and inure And that the said Recoverors and their Heirs immediately after the same and the Execution thereof had and made shall stand and be seized of the said Mannor Messuages Lands and Premisses to the uses intents and purposes herein after mentioned That is to say to the use of c. 13. This Indenture c. Between A. B. of the Upon Recovery with single Voucher already had one part and C. D. and E. F. of the other part Whereas the said C. D. and E. F. did in Michaclmas Term last past before the Date hereof upon a Writ of entry sur disseisin en le post before his Majesties Justices of the Court of Common Pleas at Westminster Recover by common Recovery against the said A. B. one Mannor c. setting down the Particulars and the Revertion and Revertions Remainder and Remainders of all and singuler the Premisses and of all and every part and parcel thereof by the name of c. prout en le Recovery in which Recovery the said A. B. did vouch to warranty the common Vouchee whereby a good and perfect common Recovery with single Voucher of the said Mannor Messuages Lands and Premisses according to the usual form of Common Recoveries was had and after executed against the said A. B. and his Heirs as by the Record thereof remaining in the said Court of Common Pleas more at large it doth and may appear 14. Now witnesseth this present Indenture And Uses it is hereby declared that the true intent and meaning of all the Parties to the said Recovery and to these presents was before and at the time of the said Recoverie and yet is for touching and concerning the said Mannor Messuages Lands Tenements and Premisses and every part thereof whereof the said Recovery was had and executed as aforesaid that the said Recovery and the execution therof should and shall be and inure and be construed adjudged and taken to be and inure and that the said Recoverors and their Heirs should and shall stand and be seized of the said Mannor Messuages Lands Hereditaments and Premisses and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents set down expressed and declared and to no other use intent or purpose whatsoever That Upon a Fine and Recovery with double Voucher to be had of several things viz. the Fine of one and the Recovery of an other is to say to the use of c. 15. This Indenture tripartite made c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Witnesseth That the said A. B. for himself his Heirs Executors and Administrators doth covenant and grant to and with the said G. H. and I. K. their Heirs Executors and Administrators by these presents that he the said A. B. and E. his wife shall and will on this side and before the Feast of c. acknowledg and levy in due form of Law before his Majesties Justices of the Common Pleas at Westminster one Fine sur cognizance de droit come ceo c. with Proclamations unto the said G. H. and I. K. of all that his Mannor of M. c. by such name or names quantities and numbers of Acres as they the said G. H. or I. K. or either of them their or either of their Councel learned in the Law shall reasonably devise advise or require And whereas the said A. B. hath by Indemure of bargain and sale bearing Date the c. last past before the Date hereof and inrolled in his Majesties High Court of Chancery the 20th Day of the same month of c. made between the said A. B. of the one part C. D. and E. F. of the other part for the consideration therein mentioned granted bargained and sold unto the said C. D. and E. F. their Heirs and Assigns all that Messuage or Tenement and Lands in B. c. and the Revertion and Revertions Remainder and
Remainders thereof To have and to hold the said Messuage Lands and Premisses and every part thereof with the Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever which said bargain and sale was had and made to them the said C. D. and E. F. as aforesaid to and for the only end intent and purpose that the said C. D. and E. F. might be the Tenent thereof to a Precipe against whom the Recovery hereafter mentioned in manner and form following might be had Now this Iudenture further witnesseth that it is covenanted concluded and fully agreed by and between all the said Parties to these presents for them and every of them their and every of their Heirs that before the end of Trinity Term now next ensuing there shall be one Recovery in the nature of a common Recovery for Lands Tenements and Hereditaments in such cases used and accustomed and executed in his Majesties said Court of Common Pleas by or in the name of the said G. H. and I K. demandant against the said C. D. and E. F. Tenents of the said Messuage and Lands with the Appurtenances who shall vouch to warranty the said A. B. who being vouched shall appear gratis and enter into the warranty and vouch over the common Vouchee and the said common Vouchee shall thereupon appear also and enter into the warranty and afterwards make default to the end that one perfect common Recovery shall and may be of the said Messuages and Lands with the Appurtenances had and prosecuted in all things according to the usual order and form of common Recoveries in such cases used 16. And it is covenanted concluded and fully The Uses agreed by and between all the said Parties to these presents respectively for them and every of them their and every of their Heirs that the said Fine and Recovery so to be had levied suffered and executed as aforesaid as touching and concerning all and every the said Mannor or Lordship of M. and the said Messuage or Tenement in B. and the several Lands Tenements and Hereditaments before mentioned whereof the said Fine and Recovery were severally and respectively had levied and suffered as aforesaid And all and every other Fine and Fines Recovery and Recoveries to be had of the said Mannor and other the Premisses thereunto belonging and of the said Messuage and Lands and other the Premisses before mentioned to belong thereunto by and between the said Parties or any of them before the end of the said Term of the Holy Trinity shall be and inure and as well the said Cognizees as the said Recoverors and their several and respective Heirs shall severally and respectively stand and be seized of all and every the Premisses to the uses intents and purposes and under the Provisoes conditions and limitations herein after mentioned and expressed and to no other use Another upon a Fine and Recovery of several things already had intent or purpose whatsoever 17. This Indenture c. Between A. B. and E. his wife of the first part C. D. and E. F. of the second part and G. H. and I. K. of the third part Whereas in the Term of c. last past a Fine â—ur cognizancr de droit come cco c. with Proclamations according to the Statute in such case made and provided was levied between the said C. D. and E. F. plaintiffs and the said A. B. and E. his wife deforciants of the Mannor of c. by the name of c. And whereas the said G. H. and I. K. did in the said Term by Writ of entry sur disseisin en le post recover against the said C. D. and E. F. one Messuage in B. c. by the name of c. in which Recovery the said C. D. and E. F. did vouch to warranty the said A. B. who thereupon entred into the warranty and vouched over the common Vouchee proceeding in all things therein according to the form and order of common Recoveries for assurance of Lands Tenements and Hereditaments used and accustomed as in and by the several Records of the said Fine and Recovery remaining in his Majesties Court of Common Pleas reference being thereunto had more fully and at large it doth and may appear Now witnesseth this present Indenture that the true intent and meaning of the said A. B. and E. his wife and of the Cognizees and Parties to the said Fine and also of the said Recoverors and Parties to the said Recovery and of all and every Parties to these presents before and at the several and respective Time and Times of the acknowledging and levying of the said Fine and of the suffering of the said Recovery for and concerning the said Mannor Lordship Messuage Lands Tenements Hereditaments and Premisses whereof the said Fine and Recovery were severally and respectively levyed suffered and had as aforesaid alwaies was and yet is that as well the said Fine as Recovery and all and every Fine and Fines Recovery and Recoveries of the said Mannor of M. c. and Messuage and Lands in B. and all other the Premisses with the Apurtenances respectively at any Time formerly had levied suffered or executed whereunto the said A. B. and E. his wife or the said A. B. singly was and is in any wise Party and all and every the executions of the same should and shall be and inure to the uses intents and purposes and under the provisions conditions and limitations hereafter in these presents expressed limitted and declared And that the said Recoverors and either of them and all the Parties to the said Recovery and their Heirs and all other Person and Persons and his and their Heirs who then were and now are or hereafter shall be seized of the said Messuage Lands Hereditaments and Premisses contained in the said Recovery should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the Cognizees of the said Fine and either of them and all the Parties to the said Fine and the Heirs of them and every of them and all and every other Person or Persons and his and their Heirs who at the Time of levying of the said Fine were or now are or herafter shall be seized of the said Mannor c. Lands Tenements Hereditaments and Premisses comprized in the said Fine and every of them should and shall stand and be seized thereof and of every part and parcel thereof with the Appurtenances to the uses intents and purposes hereafter in these presents expressed and to no other use intent or purpose whatsoever That is to say To the use and behoof of c. 18. This Indenture c. Between A. B. of Upon a Fine Recovery and other conveiances to be bad the one part and C. D. and E. F. of the other part Winesseth That the said A. B. in consideration c. set down the grounds
mentioned to be grantel was taken and had by the within named E. F. for and in the name of A. B. within mentioned and afterwards was for and in the name of the said A. B. delivered by the said E. F. unto the within named C. D. according to the authority within given To hold to him the said C. D. his Heirs and Assigns according to the form and effect of this present Deed in the presence of those whose names are hereunder written 4. In case the liberty be made by force of a Another Letter of Attorney not mentioned in the Deed Then the indorsement may be thus Memorandum That full quiet and peaceable possession of all and every the Messuage and Lands within mentioned to be granted was taken and had by I. H. the Attorney of the within named A. B. by force and vertue of a Letter of Attorney to the said I. H. in that behalf made by the said A. B. bearing Date the c. for and in the name of the said A B. and was afterwards by the same authority for and in the name of the said A. B delivered by the said I. H. unto one G. H. the Attorney of the within named C. D. thereunto lawfully authorized by force and vertue of one Letter of Attorney made by the said C. D. unto the said G. H. in that behalf bearing Date the c. according to the form and effect of this present Deed the 20th Day of March Anno Domini 1665. in the presence of those Persons whose names are hereunto subscribed 5. Memorandum That the within named E. F. Attornement lessee of all and every the Messuage and Lands within mentioned having heard this present Indenture read and taken perfect notice and knowledg thereof and of all the contents thereof doth consent and agree thereunto and doth Attorn Tenent to the within named C. D. for the said Messuage Lands and Premisses the 20th Day of c. Anno Domini 1666. in the presence of those whose names are hereunto subscribed 6. Memorandum That the within named E. F. Another lessee of all and every the Messuage and Lands within mentioned after the sealing and delivery of these presents and perfect notice thereof taken by him and of the contents thereof did the Day of c. in the Year within mentioned Attorn unto the within named C. D. upon the said grant according to the form and effect thereof by the payment of two Pence of lawful Money of England in the name of Attornement in the presence of c. 7. Memorandum That R. C. of c. Gentleman Another and the rest of the Tenents and Farmers of the within mentioned Premisses by virtue of several Leases made unto them by the within named A. B. having all of them had perfect notice of this present grant did severally Attorne and become Tenents of and for their several and respective interests in the Premisses to the within named C. D. this present Tenth Day of c. in the Year within written and the said Tenents have every of them given unto the said C. D. one Penny in the name of Attornement in the presence of c. 8. This Indenture made the c. Between An Attornement by a Collateral Deed. A. B. of the one part and C. D. of the other part Whereas the said A. B is seized in his demesne as of freehold for and during the the Term of his natural Life of and in c. by Vertue of a Lease to him thereof made by I. K. of c. Esquire by his Indenture bearing Date the c. And whereas the said I. K by his Deed indented bearing Date the c. Hath granted the said Messuage Lands and Premisses with the Appurtenances and the Revertion thereof to the said C. D. as in and by the said Indentures more at large appeareth Now this Indenture witnesseth that the said A B. for divers good reasonable causes and considerations him hereunto moving Hath consented agreed attorned and become Tenent and by these presents doth consent agree attorne and become Tenent to the said C. D. and to the said grant to him made of the said Messuage Landâ— and Premisses and the Revertion thereof and in the name of Attornment and seisin of the Rent reserved upon the said Lease thereof hath at and before the making of these presents paid to the said C. D. one half years Rent due for the said Messuage Lands and Premisses at our Lady-Day last Which the said C. D. hath accepted of and from the said A. B. as from his Tenent and in name of seisin thereof and Attornement to the said grant to him thereof made as aforesaid accordingly In witness whereof the Parties above named c. Livery and Attornement together 9. Memorandum that the 4th Day of May in the Year of our Lord 1665. Peaceable and quiet possession and seisin of the Mannor Messuages Lands Tenements and Hereditaments within specified was taken had and delivered by the Attorneys within named to the within named C. D. according to the tenor and true meaning of this present Indenture and likewise the Day and Year abovesaid E. F. G. H. and I. K. c. being Tenents of the Premisses by several Leases to them made of their respective Tenercies did severally attorn Tenents to the said C. D. according to this present grant whereof they and every of them had full and perfect notice at the Time of their said respective Attornements All which was done in presence of the persons whose names are hereunto subscribed CHAP. VII The Forms of limitations of Uses vide before Chapter the 5th the several Forms of introducing Uses upon Fines Recoveries and Conveiances Now follows the limitations of the Uses 1. ANd it is covenanted granted concluded Limitations for Life condiscended and fully agreed by and and between all the said Parties to these presents for themselves and their Heirs respectively That the said Fine or Fines Recovery or Recoveries conveiances and assurances to be had made and executed according to the purport and true meaning of these presents of and in the said Mannors Lands Tenements Hereditaments and Premisses and every of them and the execution thereof shall be and for ever shall be adjudged deemed and taken to be And also that the said C. D. and E. F. and their Heirs and the Survivor of them and his Heirs shall stand and be seized of and in all and singular the said Mannors Lands Tenements Hereditaments and Premisses and of and in every part and parcel thereof with the Appurtenances to and for the several and only uses behoofs intents and purposes and upon and under the limitations Provisoes conditions liberties and agreements hereafter mentioned That is to say of in and to all that Capital Messuage or Tenement with the Appurtenances being parcel of the Premisses commonly called or known by the name of c. scituate and being in F. aforesaid in the said
writing or otherwise by his Deed in his life time lawfully executed to assure appoint limit and convey to any lawful wife or wives which the said A. B. shall hereafter fortune to marry for term of the life onely of such wife or wives or to any other person or persons to the use of any such wife or wives for term of the life only of such wife or wives for or in the name of a Ioynture or Ioyntures a full third part of less or so much as shall amount unto a full third part or less of all that his said Mannor of c. And that then and from thenceforth the said Fine or Fines shall be and inure and the said Cognizâ—es therein to be named their and every of their Heirs of and in such part and proportion of the said Mannor for or concerning which such assurance shall be made for the Ioynture of such wife or wives according to the intent and true meaning of these presents shall stand to be seized to the use of such wife or wives for and during the life or lives of such wife or wives according to the intent and true meaning of such assurance be the same by Deed executed in the life time of the said A. B. or by his last Will and Testament as aforesaid c. vide Sect. j. of this Chapter 4. The uses being supposed to be limited Another whereby power is given to the Father to settle Land upon future Wives and to Son to settle a Rent for a Joynture to the Father for life and after to the Son for life with Remainders over in Tail Then add Provided alwaies and it is fully concluded and agreed by and between all every the said Parties to these presents for themselves their Heirs and Assigns respectively by these presents and also the true intent and meaning of these presents and of the said Parties hereunto and of the said Fine Recovery and other the Covenanted or intended Conveyances and assurances is and so for ever shall be adjudged and taken to be And also the said C. D. E. F. c. and the Survivors and Survivor of them his and their Heirs and all and every other person or persons his and their Heirs which now are or stand seized or hereafter shall stand and be seized of and in the said Mannors Messuages Lands Tenements Hereditaments and Premisses and of and in every or any part thereof by force of these presents and of the said Fine Recovery and intended Conveyances and Assurances before mentioned and every or any of them and their and every of their Heirs shall stand and be seized thereof and of every part thereof with Thappurtenances to and for such use intent and purpose notwithstanding any of the former use or uses in or by these presents before limitted daclared or appointed As well that it shall and may be lawful to and for the said A. B. at any time or times during the term of his natural life The power given to the Father by any his Deed or Deeds in writing or by his last Will and Testament in writing to grant convey assure bequeâ—th limit or appoint such and so much of the said Hereditaments and Premisses not exceeding in the whole one third part thereof as to himself shall seem meet or convenient unto or for the use of any lawful wife or wives of the said A. B. whom he shall hereafter fortune tâ— marry for and during the term of the natural life or lives of such wife or wives for or in the name of her or their Ioynture or in satisfaction of her or their Dower of and in the said Hereditaments and Premisses 5. And also that it shall and may be lawful Power to the Son to settle an Annual Rent on his Wives to anâ— for the said C. B. from and after the decease of the said A. B. at any time or times thenceforth during his natural life by any his Deed or Deeds in writing or by his last Will and Testament in writing respectively to grant convey assure bequeath limit or appoint one Annual or yearly Rent of One hundred and fifty pounds of good and lawful Mony of England with or without clause of Distress to be issuing and going out all or any the said Hereditaments and Premisses or out of any part or parcel thereof as tâ— himself shall seem meet and convenient unto oâ— for the use of M. his now wife or to or for the use of any other wife or wives of the said C. B. whom he shall hereafter fortune to marry for and during the term of the natural life or lives of the said M. or of such other wife or wives for or towards her or their Ioynture or Ioyntures and in satisfaction of her or their Dower or Dowers such of the said Premisses as shall be hereafter conveyed assured or limited to or for the use or uses of any wife or wives of the said A. B. pursuant to the true intent and meaning of these presents for and during the life or lives of such wife or wives onely excepted and foreprized 6. Provided always and it is the true intent Another to settle a Rent for a Joynture and meaning of these presents and of all and every the Parties hereunto That it shall and may be lawful to and for the said A. B. by any Writing or Writings sealed with his Seal and subscribed by him and duly executed in the presence of three Witnesses at the least to give grant limit or appoint to or to the use of every or any Woman that is 〈…〉 r shall be hereafter his lawful Wife one Annual or yearly Rent not exceeding the yearly sum of One hundred pound to be issuing and growing out of the said Mannors c. or any part of them or either of them so to be conveyed and assured as aforesaid To have and to hold the said Annual or yearly Rent to any or every such Woman for Term of her natural life for and in the name of her Ioynture the same to be paid at the Feasts of c. yearly by even and equal portions and the first Payment thereof to begin at such of the said Feasts as shall next happen after the decease of the said A. B. And that then and from thenceforth the said Fine or Fines shall be and enure and the said C. D. and E. F. and their heirs shall stand and be seised of and in the said Mannors c. so to be charged as aforesaid to the use intent and purpose Distress aforesaid and that every such Wife or Wives to whom or to whose use any such Grant or Limitation shall be made and her Assigns shall and may from time to time for non-payment of the said Rent enter into and upon the said Lands and Tenements so to be charged for the same Rent and Arrearages thereof as in case of a Rent-Charge and the Distress and Distresses so had and
taken to lead drive bear carry away detain and keep until she or they shall be of the said Rent and Arrears thereof if any shall be fully satisfied contented and paid 7. Provided always and it is likewise further Another to settle Lands in certain with reservation of a Rent to be paid by the Wife Covenanted granted and fully agreed by and between the said Parties to these present Indentures for them and their heirs by these presents That it shall and may be lawful to and for the said A. B. by any Writing Indented by him seal'd and duly executed to assign limit and appoint the said capital Messuage or Mansâ—on House of B. aforesaid and the Lands thereunto belonging with the Appurtenances to the use of the said E. B. his now Wife for Term of her natural life reserving and appointing by the said Indented Writing the yearly Rent of Ten pounds of lawful moneys of England to be paid for the same from and after the death of the said A. B. yearly during the life of the said E. B. at Two usual Feasts or Terms of the year by equal portions at the said Capital Messuage of B. aforesaid to the said C. B. the Son of A. B. and the heirs males of the body of the said C. B. lawfully begotten or to be begotten and after to such person and persons as by the limitation herein before set forth shall have the said House and Lands the first Payment thereof to begin at such of the said Feasts as shall first happen after the decease of the said A. B. And that from and after such limitation or appointment so had or made the said Assurances and Conveyances shall be and the said C. D. E. F. c. and their heirs and the survivors and survivor of them and his and their heirs shall stand and be thereof seised to the only use and behoof of the said E. B. and her Assigns according to such limitation as shall be so had or appointed so that the said E. B. and her Assigns do pay or cause to be paid yearly during Use limited after the particular Estate ended her life the said sum of Ten pounds in manner and form before mentioned expressed and appointed and from and after the death of the said E. B or of the determination of her Estate or use therein by any ways then to the use of the said C. B. and of the heirs males of his body lawfully begotten or to be begotten and after to the use of such Person and Persons and in such â—anner and form and with all such Remainders Over-Vses and Limitations and under all and every such Conditions and Provisoes as the same should have been if no such Assignment Appointment or Limitation by force of this Proviso had been thereof made or appointed 8. Provided always That it shall and may Another more brief be lawful to and for the said A. B. from time to time during his natural life by his sufficient Deed or Deeds in writing or by his last Will and Testament in writing to give grant devise lease limit dispose or appoint to and for the use and benefit of any Wife or Wives whom the said A. B. shall happen to marry for the Term of her natural life for a Ioynture such and so much of the said Mannors Lands Tenements and Hereditaments as to him shall seem meet not exceeding one third part in value of the whole and that in every such case the said C. D. and E. F. and the survivor of them his and their Heirs and Assigns shall stand and be seised of such of the said Mannors Lands Tenâ—ments and Hereditaments as shall be so given granted devised leased limited or appointed to the use of such Wife or Wives for and during the natural life of such Wife and Wives and for and during such Estate and Estates as shall be so given granted devised leased limited or appointed in manner and form aforesaid and under such Covenants Conditions and Provisoes as in such Writing or last Will shall be contained and expressed and after the end or determination of such Estate or Estates to the use of such Person or Person to whom the same ought to be and remain by the true intent and meaning of these presents 9. As to for and concerning the said Mannor Another Proviso for future Wives by way of limitation of Use or Farm of B. to the use of the said C. B. for and during the Term of his natural life without impeachment of or for any manner of waste and from and after his decease to the use and behoof of the said E. B. his Wife for and during her natural life for her Ioynture c. and from and after the decease of the said C. B. and E. B. for and concerning the said Mannor or Farm or so much of the same as the said C. B. shall at any Time or Times during his life by one or more Writing or Writings under his Hand and Seal seal'd and executed in the presence of three credible Witnesses limit and declare for a Ioynture for such other Wife as he shall have at the time of his decease to the use of such Wife for and during her natural life for her Ioynture And for and concerning the residue of the said Mannor or Farm not so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife And for and concerning so much of the said Mannor or Farm as shall be so limited by such Writing or Writings from and after the decease of the said C. B. and E. his wife and from and after the decease of such other wife as the said C. B. shall have at the time of his decease to the use and behoof of the first Son of the body of the said C. B. lawfully to be begotten and of the heirs Males of the body of such first Son lawfully to be begotten c. to the tenth Son and the Heirs of the body of such tenth Son lawfully to be begotten And for want of such Issue to the use and behoof of all the Daughters Use to Daughters of the body of the said C. B. lawfully begotten and to be begotten and of the several and respective Heirs of the bodies of such Daughters lawfully begotten or to be begotten c. 10. Provided alwaies and it is fully Covenanted Pâ—wer givâ—n to cestuy que use for life to make Leases concluded and agreed by and between all the said Parties to these presents for them their Heirs and Assigns That it shall and may be lawful to and for the said A. B. And that the said A. B. shall have power and authority from time to time and at all times hereafter at his will and pleasure during the term of his natural life by his Deed or Deeds in writing to demise grant and to farm let all or any the said Messuages Lands Tenements and Hereditaments
said A. B. to die having one only Daughter of his Body on the Body of the said E. begotten then living or afterwards to be born as aforesaid and that the said onely Daughter shall happen to depart this life before that she shall accomplish the Age of Eighteen years or be marryed or if there happen to be two or more Daughters of the Body of the said A. B. on the Body of the said E. begotten then living Then if both or all of the said Daughters shall happen to die or depart this life before either or any of them accomplish their several Ages of Eighteen years or be marryed as aforesaid That then the several sum and sums of Mony intended for the Portions and Advancements of such Daughter or Daughters as aforesaid or so much thereof as shall be raised or levyed out of the Rents Issues and profits of all or any the Premisses all Charges and Expences defrayed wherein a full and liberal allowance shall be made and given shall be satisfied and paid to such person or persons as the said A. B. by any writing under his Hand and Seal subscribed by two or more credible Witnesses or by his last Will and Testament to be subscribed as aforesaid shall limit or appoint And in default of any such Limitation or Appointment to the Executors or Administrators of the said A. B. 13. And upon further trust and confidence Moneys to be paid yearly for maintenance of the Daughters and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Assigns shall out of the Rents Issues and Profits of the said Messuages Lands Tenements Hereditaments and Premisses so to them limited for raising of Portions as aforesaid with their and every of their Appâ—rtenances levy and pay or cause to be levyed and paid to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Thirty pounds per Annum and if there be two or more Daughters the sum of Twenty pounds per Annum a piece until such Daughter or Daughters respectively shall attain to her or their age of Eighteen years or shall be marryed and her or their Portions paid as aforesaid 14. Provided always and it is the true If the Feoffor c. die without Daughters the Estate limited to be void intent and meaning of all and every the parties to these presents That if the said A. B. shall happen to depart this life without any Issue female of his body upon the body of the said E. begotten or without leaving the said E. with child of one or more Daughter or Daughters that shall be after born alive That then the Estate and Estates so limited as aforesaid to the said C. D. E. F. and G. H. for years as aforesaid shall cease determine and be utterly void 15. Provided also that from and immediately After Portions paid the Estate limited to be void after such time as the said C. D. E. F. and G. H. and the Executors or Administrators of the survivor of them shall or might have limited and raised the said several Portions and present maintenance for such Daughter or Daughters as aforesaid That then the said Estate for years limited in trust as aforesaid to them the said C. D. E. F. and G. H. shall cease dètermine and be utterly void And the said Messuages Lands Tenements and Premisses so to them limited in trust as aforesaid shall immediately go and be to such person and persons to whom the Reversion or remainder of the said Messuages Lands and Premisses shall belong and appertain 16. This Indenture c. Between A. B. An Estate limited to Daughters to cease upon payment of their Portions by the Heir male The Uses of the first part C. D. E. F. and G. H. on the second part and C. B. Son and Heir apparent of the said A. B. and D. B. Wife of the said C. B. on the third part Let there be a Fine Covenanted to be acknowledged or other Conveyance whereupon a use may be raised Covenanted to be made to C. D. E. F. and G. H. To the use of the said C. B. for and during the Term of his natural life and from and after his decease to the use of E. B. his Wife for and during the Term of her natural life for her Ioynture c. And from and after the decease of the said C. B. and E. his Wife to the use and behoof of the Heirs males of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and in default of such Issue to the use and behoof of the Heirs females of the body of the said C. B. on the body of the said E. lawfully begotten and to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever 17. Provided alwayes That in case the The Proviso said C. B. shall happen to depart this life without Issue male of his body lawfully begotten on the body of the said E. B. If then the said A. B. or any Heir male of his body shall pay or cause to be paid unto the Daughter or Daughters of the said C. B. on the body of the said E. begotten these several sums following that is to say unto such Daughter of the said C. B. in case he shall have but one the full sum of One thousand two hundred pounds of good and lawful money of England and in case he shall have more Daughters then one by the said E. then living the sum of Two thousand pounds of like lawful moneys among and between them equally to be divided the said payment and payments to be made at their respective Ages of eighteen years or Marriage which of them shall fiâ—st happen at or in c. Or if the said A. B. or any Heir male of his body shall at any time or times by such Security as the said C. D. E. F. and G. H. or the survivors or survivor of them shall direct in writing under their hands or the hand or hands of the survivors or survivor of them sufficiently secure the payment of the said sums in manner aforesaid That then and from thenceforth the Estate The Cessar of the Use to the Daughters Vse and Limitation of the Premisses to the Heirs females of the said C B. on the body of the said E. begotten and to be begotten shall cease and determine and the said Fine and Fines shall be and enure And the said Cognizees and their Heirs shall stand and be seised of all and singular the Premisses from and after the decease of the said C. B. and E. B. and payment made or Security given as aforesaid to the use and behoof of the Heirs males of the body of the said A. B. and for
Premisses whereof the said Recovery and Fine were severally and respectively suffered levied and had as aforesaid always was and yet is that as well the said Recovery as the said Fine and all and every Fine and Fines Recovery and Recoveries and other Acts and Assurances of and concerning the said Mannors Messuages Lands Tenements Hereditaments and Premisses with the Appurtenances or of any of them at any time formerly suffered levied executed or had wherein or whereunto the said A. B. was or is any way a party and all and every the Executions of the same and every of them should and shall be and inure and be construed adjudged deemed and taken to be and inure and are hereby Covenanted granted agreed and declared to be and inure to the uses purposes and intents and under the Provisoes conditions and limitations hereafter in these presents expressed limited and declared And that the said Recoverors and either of them and all the parties to the said Recovery and takers thereby and their Heirs and all other person and persons and his and their Heirs who then were now are or hereafter shall be seised of the said Mannors Lands Tenements Hereditaments and Premisses with their and every of their Appurtenances comprised in the said Recovery should and shall stand and be seised of the said Mannors c. comprised in the said Recovery and of every part and parcel thereof with the Appurtenances to the uses purposes and intents hereafter expressed And that the said Cognizees of the said Fine and either of them and all the parties to the said Fine and the takers thereby and the Heirs of them and every of them and all and every other person and persons and his and their Heirs who at the time of the levying of the said Fine were or now are or hereafter shall be seised of the aforesaid Mannors c. comprised in the said Fine and every of them should and shall stand and be seised of the same Mannors c. Hereditaments and Premisses comprised in the said Fine and every part and parcel thereof with the Appurtenances likewise to the uses purposes and intents hereafter in these presents expressed and declared that is to say for touching and concerning To the use of A. for life after to E. his Wife for life the said Mannor of A. with the rights members Appurtenances Lands Tenements and Hereditaments thereunto belonging parcel of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste And from and after the decease of the said A. B. to the use and behoof of E. B. now Wife of the said A. B. for and during the natural life of the said E. B. for her Joynture and in lieu and full recompence of her Dower out of all the Mannors Lands Tenements and Hereditaments whereof the said A. B. now is or at any time was or shall be seised of any Estate of Inheritance during the coverture between him and the said E. B. And for touching and concerning all and every the other Mannors Lands Tenements and Hereditaments mentioned to be comprized in the said Recovery and Fine to the use and behoof of the said A. B. for and during the term of his natural life without impeachment of or for any manner of waste And for touching and concerning the immediate remainder of the said Mannor of A. with all the Lands Tenements and Hereditaments thereunto belonging before mentioned or meant to be limited to the said E. B. for her Joynture as aforesaid immediately from and after the decease of the said A. B. and E. B. his Wife and of the survivor of them and the immediate remainder of all and every the said other Mannors Lands Tenements and Hereditaments and every of them comprised within the said Recovery and Fine whereof there is no Use before limited or declared to the said E. B. for her Joynture to such uses purposes and intents immediately from and after the decease of the said A. B. and under such Provisoes conditions and limitations as hereafter in these presents are specified expressed limited and declared and to no other To the use of E. F G H. c for years to pay Debts c. Legacies use intent or purpose whatsoever that is to say to the use of the said E. F. and G. H. their Executors Administrators and Assigns for and during the terms and spaces of years hereafter mentioned to commence and begin as hereafter followeth viz. for touching and concerning the said Mannor of A. c. before limited to the use of the said E. B. for her Joynture for the term or space of Ten years to begin immediately from and after the Decease of the longest liver of them the said A. B. and E. his wife And for touching and concerning all the rest and residue of the said Mannors Lands Tenements and Hereditaments comprised in the said Recovery and Fine for and during the like Term and space of ten years to commence immediately from and after the Decease of the said A. B. upon Trust and confidence and for and unto the end intent and purpose That they the said E. F. and G. H. their Executors Administrators and Assigns shall and may receive perceive dispose and imploy the Rents Revenues Issues and Profits of all and every the said Mannors Lands Tenements and Premisses respectively for and during the said several terms of ten years for and towards the payment Payment of Debts and satisfaction of all such Debts and sums of Mony which the said A. B. doth now owe or hereafter shall borrow or owe or for which any Person or Persons now doth or do or hereafter shall stand ingaged for or with the said A. B. and for his proper Debt and for and towards the payment of such Legacy or Legacies and sums which the said A. B. shall by Payment of Legacies his last Will and Testament in writing to be by him signed sealed and published before three sufficient Witnesses at the least give limit ordain and appoint And from and after the end expiration surrender or other determination of the said Term or Terms of ten years and as they shall severally end and determine To the use and behoof of such Person and Persons and for such Estate and Estates as the said A. B. shall by his last Will and Testament in writing in the presence of three credible Witnesses or more limit appoint or declare and in default of such Limitation Appointment or Declaration to the use and behoof of c. Provided always c. Here may follow a Power given to A. B. to make Leases c. reserving the accustomed Rent c. 7. This Indenture Tripartie made c. Another the Uses of a Recovery as to several Mannors severally limited Between A. B. of
appointed or declared shall or lawfully may quietly and peaceably have hold occupy and enjoy the said Premisses with the Appurtenances and every part and parcel thereof according to the true meaning of the Uses before declared and the Assurances hereafter to be made and passed in that behalf without any let suit vexation hinderance expulsion eviction interruption or trouble of the said A. B. his Heirs or Assigns or any other person or persons whatsoever lawfully claiming from by or under him or them or by his or their means assent command or procurement 11. And that he the said A. B. shall not at Not to do any act to impeach the Settlement any time or times hereafter make do assent unto acknowledge execute or willingly suffer any manner of Estate Conveyance Assurance Act Thing Matter or Devise whatsoever whereby or by reason whereof the uses and Estates before declared or any of them for touching or concerning the said Mannor Messuages Lands and Tenements or any part or parcel thereof shall or may be discontinued cut off debarred overthrown or made void or whereby the said E. B. or any of the said Sons or any Heir of any of their Bodies lawfully begotten or the Heirs of the Body of the said C. B. upon the Body of the said M. B. lawfully begotten or to be begotten shall or may by any means be defeated defrauded excluded or disinherited of the Premisses or any part or parcel thereof or of any Use or Estate hereby to him them or any of them appointed limited or intended or to be contained or mentioned in any of the said Conveyances or Assurances contrary to the true meaning of these presents or whereby or by reason whereof the said A. B. shall or may in any sort or degree be disabled perfectly sufficiently and surely to make pass convey and assure the said Mannor Messuages Lands and Tenements or any part or parcel thereof according to the Uses and Limitations in these presents expressed or declared and according to the purport intent and true meaning hereof 12. And the said A. B. for himself his For further Assurance Heirs Executors and Administrators doth Covenant promise and grant to and with the said C. D. and E. F. their Heirs and Assigns by these presents That he the said A. B. and his Heirs and all and every other Person and Persons lawfully claiming or to claim by from or under him except such as shall or may claim by or under the Leases before excepted shall and will from time to time and at all times hereafter upon the reasonable request and at the Costs and Charges in the Law of the said C. D. and E. F. or either of them their or either of their Heirs or Assigns make do acknowledge suffer and execute All such further Act and Acts Thing and Things Assurance and Assurances in the Law whatsoever for the further and better assuring of the said Premisses and every part thereof to the uses intents and purposes aforesaid as by them the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be in that behalf reasonably devised or advised and required And that all Fines and other Assurances at any time hereafter to be had levyed suffered or executed of the Premisses or any part thereof by or between the said Parties or any of them shall be and shall be adjudged deemed and taken to be to the uses intents and purposes in these presents mentioned limited and declared and to no other use intent or purpose whatsoever 13. And the said A. B. for himself his c. Another doth Covenant and grant to and with c. That he the said A. B. his Heirs and Assigns shall and will from time to time and at all times hereafter within the space of seven years next ensuing the Date of these presents at and upon every reasonable request and at the only cost and charges in the Law of the said c. and either of them their and either of their Heirs or Assigns further do make acknowledge execute and suffer or cause or procure to be done made acknowledged executed and suffered All and every such further and reasonable Act and Acts Thing and Things Devise and Devises Assurance and Assurances in the Law whatsoever for the further better and more perfect assuring surety and sure making setling and conveying of the said Mannor c. and of every part and parcel thereof with Th' appurtenances to continue stand remain and be to all and every such several uses behoofs intents limitations and purposes as are thereof and of every part and parcel thereof in and by these presents limited expressed appointed and declared and under the Conditions Provisoes and Limitations before mentioned and declared Be it by Fine or Fines Recovery or Recoveries with single or double Voucher or Vouchers Feoffment or Feoffments Deed or Deeds enrolled or not enrolled or by any other ways or means whatsoever as by the said C. D. and E. F. or either of them their or either of their Heirs or Assigns or their or either or any of their Counsel learned in the Law shall be reasonably devised advised or required so as the said A. B. his Heirs or Assigns or any person or persons whatsoever that ought to do or suffer such Act or Acts be not compelled to travel from the place of his or their abode 14. And the said A. B. for himself c. doth For settlement of Land to be purchased Covenant c. that in case the said A. B. or any other to his use shall at any time hereafter happen to purchase any Lands Tenements or Hereditaments of any Person or Persons whatsoever during the life of the said C. B. the Son That then the said A. B. shall cause and procure all such Lands Tenements and Hereditaments which shall be so purchased as aforesaid to be sufficiently conveyed and assured to the use of the said A. B. and C. B. for and during the Term of their natural lives and the life of the longest liver and Survivor of them and after their decease to the use and behoof of the Heirs of the Body of the said C. B. on the Body of the said M. B. lawfully to be begotten and for default of such Issue to the use and behoof of the said A. B. his Heirs and Assigns for ever and to none other use intent or purpose whatsoever 15. And also that he the said A. B. shall To permit 〈…〉 Lands to descend and will permit and suffer all and singular those his Messuages c. in the County of M. which D. B. his Uncle deceased did in his life time give grant convey and assure to him the said A. B. lawfully to descend come and remain immediately after the Decease of the said A. B. to the said C. B. and his Heirs And that
make account to the Mother the said C. D. and E. F. and the Survivor of them shall from time to time when he or they shall be thereunto required by the said E. yeild and make unto the said E. a just true and perfect account of the said increase or profit arising or growing from or by the said Childrens Portions or sums of Mony In witness c. 13. This Indenture made c. Between A. B. and E. his wife on the one part and C. Joyntures after Marriage had D. and E. F. on the other part witnesseth That for and in consideration of a Marriage lately had and solemnized between the said A. B. and the said E. Daughter of the said C. D. and in performance and accomplishment of such Articles and Agreements that passed and were made upon Consideration the Conclusion of the said Marriage And for the making and assuring of a competent Joynture to and for the said E. in case she shall happen to over-live the said A. B. He the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Heirs Executors and Administrators and every of them by these presents That he the said A. B. and E. his Wife c. To levy a Fine to C. D. and E. F. sur Cognizance Covenant to levy a Fine de droit come ceo c. of Messuages Lands c. 14. And it is the true intent and meaning of all the said Parties to these presents And the said A. B. for himself his Heirs Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Heirs Executors and Administrators and every of them by these presents That the said Fine so to The uses be had and levyed as aforesaid of the said Messuages Lands c. shall be and inure and the said C. D. and E. F. and the Survivor of them his and their Heirs shall stand and be seized thereof and of every part and parcel thereof to the use and behoof of the said A. B. and his Assigns for and during the term of his natural life and from and after his decease to the use and behoof of the said E. for and during the term of her natural life for her Joynture and in full For a Joynture and in satisfaction of Dower satisfaction of all such Dower as she the said E. may hereafter have or claim of or out of any Lands Tenements or Hereditaments whereof the said A. B. now is or shall be at any time seized of any Estate of Inheritance during the Coverture between the said A. B. and the said E. And from and after the decease of the said A. B. and E. and the Survivor of them To the use and behoof of the Heirs Males of the Body of the said A. B. on the Body of the said E. lawfully to be begotten and for want of such Issue to the use and behoof of the right Heirs of the said A. B. for ever with usual Covenant Then add this Covenant And it is further Covenant to alter the use to the Wife upon her suit for Dower Covenanted granted concluded and agreed by and between the said Parties to these presents That if the said E. after the death of the said A. B. in case she shall happen to over-live him shall disagree to and refuse to accept of the said Messuages and Lands hereby setled on her as aforesaid for and in name of her Joynture and shall commence or sue any Action at Law or Suit for any Lands Tenements or Hereditaments which were the Inheritance of the said A. B. during the Coverture between them for her Dower or upon her Title of Dower That then and from thenceforth from and after the commencement of such Action or Actions Suit or Suits the Uses or Estates herein before limited shall cease determine and be utterly void and then and from thenceforth the said C. D. and E. F. shall stand and be seized of all and every the Premisses aforesaid to the use and behoof of the said A. B. his Heirs and Assigns for ever This Indenture or any thing herein before contained to the contrary thereof in any wise notwithstanding 14. This Indenture c. Between A. B. Another after Marriage by way of Feoffment to uses Consideration of the one part and C. D. E. F. and G. H. of the other part Witnesseth that the said A. B. for and in consideration of a Marriage heretofore had and solemnized by and between the said A. B. and E. his now wife and for the setling of a competent Joynture on the said E. if she shall happen to survive and overlive the said A. B. and for the setling assuring and conveying of all and singular the Mannors Lands Tenements and Hereditaments hereafter mentioned with their and every of their Appurtenances in the Name and Bloud of the said A. B. for so long time as it shall please Almighty God and to the several uses intents and purposes and in such manner and form as hereafter in and by these presents is expressed mentioned and declared and according to and in pursuance of a certain Agreement between the said A. B. and G. H. I. K. c. before the said intermarriage had and made and also for divers good Causes and Considerations him hereunto especially moving Hath granted aliened released enfeoffed and confirmed and by The Feoffment these presents doth grant alien enfeoff release and confirm unto the said C. D. E. F. and G. H. All those his Mannors of A. and B. c. and the Reversion and Reversions Remander and Remainders thereof and of every part and parcel thereof To have and to hold the said Mannors c. and all and singular other the Premisses hereby conveyed and assured or mentioned or intended to be conveyed and assured with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders thereof and of every part and parcel thereof unto the said C. D. E. F. and G. H. their Heirs and Assigns for ever 15. To the several uses intents and purposes and upon the Trust and confidence and The uses of the Mannor of A. under the several Provisions Conditions and Limitations hereafter in and by these presents expressed limited and declared and to none other use intent or purpose whatsoever that is to say As to for and concerning the said Mannor of A. c. To the use and behoof of the said A. B. for and during the term of his natural life without To A. B. for life after to his Wife for life for a Joynture To 1. 2. 3 c. Sons in Tail impeachment of or for any manner of Waste And from and after his decease to the use and behoof of the said E. his Wife and her Assigns for
upon this further Maintenance allowed to the Daughters until Portions paid trust and confidence and to the end intent and purpose that the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Executors and Administrators shall out of the Rents Issues and Profits of the said Mannor of B. c. and Premisses so to them limited for raising of Portions no aforesaid with their and every of their Appurtenances levy and pay or cause to be levyed and payed to and for the maintenance of such Daughter and Daughters as aforesaid if there be but one Daughter onely the sum of Fifty pounds per annum and if there be two or more Daughters the sum of Thirty pounds per annum a piece until such Daughter or Daughters respectively shall attain to her or their Age or Ages of Eighteen years or shall be Marryed and her or their Portions payed as aforesaid 17. Provided always and it is the true intent and meaning of these presents and of all If A B. die without Daughters the limitation for years to cease the Parties hereunto That if the said A. B. shall happen to depart this life without any Issue Female of his Body upon the Body of the said E. begotten or without leaving the said E. with Child of one or more Daughter or Daughters that shall be born alive That then the Estate so limited as aforesaid to the said C. D. E. F. and G. H. for one and twenty years shall cease determine and be utterly void Provided also That from and immediately after such After the Portions raised the Estate limited for years to cease time or times as the aforesaid C. D. E. F. and G. H. their Executors or Assigns shall or might have levyed and raised the said several sums for Portions and present maintenance of such Daughter and Daughters as aforesaid that then the said Estate for years limited to them in trust as aforesaid shall cease determine and be utterly void And the said Mannor of B. and all and singular other the Premisses so to the said C. D. E. F. and G. H. limited for years in trust as aforesaid shall immediately go and be to such Person and Persons to whom the Reversion or Remainder of the Premisses shall belong and appertain 18. Provided always and upon this further The limitation to Wife as to a 5th part to be altered upon her second Marriage Condition and to the further use intent and purpose That if the said A. B. happen to depart this life leaving one Son or more of his Body on the the Body of the said E. lawfully begotten And the said E. do him survive and do afterwards intermarry or take another Husband That then from and immediately after such Marriage as aforesaid As for and concerning one fifth part of the said Mannor of A. c. the whole in five parts being divided before in and by these presents limited and appointed or mentioned to be limited and appointed to and for the Ioynture of the said E. the use and Estate thereof limited and appointed as aforesaid to the said E. shall cease determine and be utterly void and that then and from thenceforth the said C. D. E. F. and G. H. and the Survivors and Survivor of them his and their Heirs and Assigns shall stand and be seized of the said fifth part of the said Mannor of A. c. immediately from and after the said intermarriage to the use and behoof of the said Son or of the eldest Son in case there be more for and during the term of the natural life of the said E. Any thing herein before contained to the contrary thereof in any wise notwithstanding Here may be added a Covenant to alter the use to the Wife in case of Usual Covenants her suit for Dower vide Sect. 13. in this Chapter and also Covenants that A. B. is seized in Free and hath authority to assure the Premisses to the uses before and to make further assurance vide Chap. 14. and also a Power to A B. to revoke all the uses except what is limited to his Wife vide Cap. 11. 19. This Indenture c. Between A. B. on A Rent setled on the intended Wife for satisfaction of Dower Consideration the one part and C. D. and E. F. on the other part Whereas a Marriage is by the grace of God to be shortly had and solemnized between the said A. B. and E. D. Daughter of the said C. D. Now witnesseth this present Indenture that for the absolute and perfect Ioynture of her the said E. D. in case the said Marriage take effect and for and in recompence barr and full satisfaction and discharge of all and singular the Dower or Title of Dower which the said E. D. shall or may have or lawfully claim of in or to the Lands Tenements or Hereditaments of the said A. B. he the said A. B. hath given granted enfeoffed and confirmed and doth by these presents give grant enfeoff and confirm unto the said C. D. and E. F. their Heirs and The Feoffment Assigns for ever All that c. To have and to hold the said Messuage Lands Tenements and Premisses and every part and parcel thereof with their and every of their Appurtenances unto the said C. D. and E. F. their Heirs and Assigns for ever To the uses intents and purposes hereafter mentioned that is to say To The uses to charge the same with a Rent the use end and intent that the said E. D. in case the said Marriage take effect may immediately from and after the decease of the said A. B. if she happen to survive him have perceive and take out of the said Messuage Lands Tenements and Premisses for term of her natural life One annual Rent or yearly sum of One hundred pounds per annum of good and lawful Mony of England at two days or Feasts in the year that is to say At the Feast of Thâ—â—nnunciation of St. Mary the blessed Virgin and the Feast of St. Michael Thâ—archangel by even and equal portions the first payment thereof to begin at such of the said Feasts as shall next and immediately happen from and after the decease of the said A. B. To have perceive and enjoy the said Annuity or yearly Rent of One hundred pound per annum from and after the decease of the said A. B. unto the said E. and her Assigns for and during the term of her natural life the first payment thereof to begin as aforesaid 20. And further to this use intent and purpose That if it shall happen the said Annuity Clause of Distress or yearly Rent of One hundred pounds per annum or any part thereof to be behind or unpayed after either of the said Feast Days whereon the same ought to be paid as aforesaid That then and from thenceforth it shall and may be lawful to and for the said E.
before such Will or Testament made by the said E. Then of so much of the Goods and Chattels of the said A. B. as shall amount to or not exceed the said sum of Two hundred pounds without any let disturbance or contradiction of the said A. B. and in as large and ample a manner as if the said E. were then a Feme sole and unmarryed 7. And further that she the said E. shall Another to the same purpose or may at any time during the Coverture between her and the said A. B. without any lett or disturbance of the said A. B. or of any other by his means make and declare her Will and Testament and thereby or by any other Writing by her to be subscribed in the presence of two or more credible Witnesses give bequeath assign or appoint to any person or persons whatsoever any sum or sums of money so as the same exceed not in the whole the sum of Two Hundred pounds of lawful moneys of England And that if he the said A. B. do over-live the said E. That then and not otherwise he the said A. B. his Executors or Administrators shall and will within Six Moneths after the decease of the said E. and after request to him or them to be made in that behalf execute and perform or cause to be executed and performed the same her Will and Testament Gift Bequest Assignment or Appointment to any value not exceeding in the whole the said sum of Two Hundred pounds according to the intent and true meaning of the said Will or Writing That if the Lands setled in Joynture fail of the value the Fxecutors of the Husband to make it up 8. And the said A. B. for himself his Executors and Administrators doth Covenant and grant to and with the said C. D. and E. F. their Executors and Administrators by these presents That in case the said E. shall survive the said A. B. and shall be minded to lett the Premisses before limited and appointed to her for her Ioynture to Farm for a yearly Rent and shall make offer so to do to the Executors or Administrators of the said A. B. or any of them and that they shall upon such offer made refuse to take the same to Farm at the yearly Rent of Thirty pounds per annum of lawful money of England That then and in such case the said Premisses shall be rated and valued by Four substantial men of the same Parish where the said Messuage and Lands are scituâ—te and do lye whereof the said Executors or Administrators are to choose Two and the said E. the other Two at a certain yearly value according as other Lands of like quality and goodness are lett within the said Parish And in case the said rate and value made and put upon the said Premisses as aforesaid shall not amount unto the said sum of Thirty pounds per annum the said Executors or Administrators shall and will well and truly pay or cause to be paid unto the said E. so much lawful money of England yearly and every year on the Feast Day of St. Michael the Archangel as shall make up the said yearly value or Rate of Thirty pounds per annum until such time as they can procure a good and sufficient Tenant to take the same at the said Rate of Thirty pounds per annum under such Covenants and Agreements as other Lands are usually letten within the same Parish and for the term of One and Twenty years or more determinable upon the death of the said E. 9. And further for and upon the Consideration To make up what shall be evicted of the Lands setled in Joynture aforesaid he the said A. B. doth for him the said A. B. his Executors and Administrators Covenant and grant to and with the said C. D. and E. F. and either of them their and either of their Executors and Administrators That if the said E. his now Wife shall happen to survive and over-live him the said A. B. and shall at any time after the decease of the said A. B. be lawfully evicted or put out of or from the said Messuage and other the Premisses limited to her as aforesaid for her Ioynture or any part or parcel thereof That then the Executors or Administrators of the said A. B. shall well and truly pay or cause to be paid unto the said E. so much lawful money of England for the said Premisses or part thereof being so evicted from the said E. as aforesaid as the same shall amount unto at the Rate of Six years purchase for and according to the yearly value of the same within Three moneths after such eviction 10. And the said A. B. for himself his Executors To pay back part of the Portion if the Wife die c. and Administrators doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents That in case the said E. shall happen to depart this life within Three years after the said Marriage had and solemnized as aforesaid without having any Issue of her Body lawfully begotten by the said A. B. then living That then and in such case the said A. B. his Executors or Administrators shall and will for and in respect of the said sum of Five Hundred pounds of lawful moneys of England by him received as aforesaid as the Marriage-Portion of the said E. repay and satisfie or cause to be repayed and satisfied unto the said C. D. the sum of Three Hundred pounds of lawful moneys of England at one entire payment within Six moneths next after the decease of the said E. CHAP. XVIII Containing the General words commonly used for the passing of Mannors Messuages Lands c. 1. ALL that the Mannor of L. with A Mannor Th' appurtenances in the County of M. And also all Messuages Houses Edifices Buildings Barns Stables Out-houses Yards Backsides Orchards Gardens Lands Tenements Meadows Leasowes Pastures â—eedings Waies Wastes Waste-grounds Commons Commodities Moors Marishes Wood-grounds Woods Vnder-woods Waters Water-courses Ponds Pools Liberties Fishings Rents Reversions Services Fines Amerciaments Court-leets Courts-baron Views of Frank-pledge and profits of Courts and all that to Courts and Leets belongeth Waifs Estrays Goods and Chattels of Felons and Fugitives Customs Rights Iurisdictions Priviledges Profits Commodities Advantages Emoluments and Hereditaments whatsoever with Th' appurtenances of whatsoever kind nature or quality or by whatsoever Name or Names they are called or known by scituate lying and being coming renewing arising or growing in L. aforesaid or elsewhere in the said County of M. to the said Mannors Messuages Lands Tenements Meadows Pastures Feedings and other the Premisses or to every or any of them in any wise belonging or appertaining or incident thereunto or as part parcel or member thereof or at any time heretofore known accepted taken used demised or reputed as part parcel or member thereof or of any part thereof 2. All that the Mannor or Lordship
of F. Another for a Mannor lying and being in the Parish of F. with the rights members and appurtenances thereof or thereunto belonging in F. aforesaid in the County of M. And all and singular Rents Reversions Services Courts and perquisites of Courts views of Franck-pledge Priviledges Franchises Iurisdictions Royalties Liberties Profits and Commodities and Hereditaments whatsoever to the said Mannor and other the Premisses belonging or in any wise appertaining scituate and being growing arising and renewing within the Parish of F. aforesaid in the County of M. And all that An Advowson Advowson Donation Nomination Presentation free disposition and right of Patronage of the Parish Church of F. aforesaid 3. All that Messuage or Tenement with A Messuage Lands Th' appurtenances commonly called or known by the Name of B. and all Out-houses Barns Stables Buildings Yards Backsides Orchards Gardens Curtilages and Appurtenances whatsoever thereunto belonging scituate and being in the Parish of C. in the County of M. And also all and singular those several Closes or parcels of Land Meadow Pasture and Arable hereafter particularly mentioned that is to say One Close or parcel of Pasture Ground called or known by the Name of D. Close containing by estimation twenty Acres or thereabouts be the same more or less c. and s 〈…〉 e other Closes with their Names and conâ—ents of Actes and also put down the abutments of them in case they be dispersed or intermingled with other Lands All which said Closes or parcels of Land do lie together neer unto the said Messuage or Tenement and are belonging to or have been usually letten or occupyed together with the same and are scituate lying and being in the Parish of C. aforesaid and now are or late were in the tenure or occupation of G. H. his Assigns or under-Tenants And all and singular Waies Easements Water-courses Fishings Ponds Commons Common of Pasture Heath Turbary Woods Vnderwoods Profits and Commodities whatsoever with their and every of their Appurtenances to the said Messuage or Tenement and Premisses belonging or appertaining or reputed to belong thereunto or used or letten together with the same 4. All that Messuage or Tenement with A Messuage in London Th' appurtenances scituate and being in or near Fleetstreet in the Parish of St. Dunstans in the West London commonly called or known by the sign of the Mirmaid now in the tenure or occupation of G. H. his Assigns or under-Tenants Together with all and singular Shops Cellars Sollers Chambers Rooms Entries Waies Passages Yards Backsides Edifices Buildings Gutters Water-courses Easements Profits Commodities and Appuâ—teaances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or accepted reputed or taken as part parcel or member thereof 5. All that great Messuage or Inne commonly An Innâ— called or known by the Name or Sign of the George scituate and being in a Street called B. Street in the Parish of C. London together with all Cellars Sollers Rooms Chambers Stables Haylofts Waies Passages Courts Yards Lights Windows Water-courses Racks Planks Mangers and all other Apurtenances whatsoever to the said Messuage or Tenement belonging or in any wise appertaining or therewith used occupyed or enjoyed or reputed or taken as part parcel or member thereof which said Messuage or Inne is now in the tenure or occupation of A. B. Inne-holder his Assigns or Vnder-Tenants 6. All that his Messuage or Tenement A Brew-house and Brewhouse scituate and being in a Street called B. Street in the Parish of c. London with all the Stables Edifices Buildings Waies Passages Lights Water-courses Profits Commodities and Appurtenances whatsoever thereunto belonging or therewithall now used occupyed or enjoyed And also All and singular those Vessels Furnaces Coppers and other Vtensâ—â—s whatsoever to the said Brewhouse belonging and now used together with the same being in a Schedule hereunto annexed particularly mentioned 7. All that his Water-grist Miln and A Water-grist Miln Milns being two grist Milns under one Roof commonly called or known by the name of B. Miln or Milns with the Appurtenances scituate and being in the Parish of c. sometimes in the tenure or occupation of one A. B. and now or late in the tenure or occupation of C. D. or his Assigns or Vnder Tenants and all that parcel of ground on part whereof the said Milns now stand containing by estimation one Acre or thereabouts be the same more or less And also all that the The Suit to the Milns Suit of and to the said Milns as well customary as conventionary of all the Tenants of the Mannor of S. in the said County and all the Toll and Custom for grinding of all the Corn and Grain of the said Tenants and also all and singular Head-Wares and Miln-Ponds and the soyl thereof to the said Miln or Milns belonging or appertaining And all and singular Miln-Pools Miln-Dams Stanks Banks Ponds Streams waters Water-courses Rivers Fishings Fishing places wayes Paths Passages Easements Profits Commodities Advantages Emoluments and Appurtenances to the said Miln or Milns and other the Premisses or any of them or any part or parcel thereof belonging or appertaining or with the same now or at any time heretofore used occupied or enjoyed 8. All that his Water-grist Miln commonly Another called or known by the name of B. Miln scituate and being in the Parish of C. in the County of D. And all that parcel of ground on part whereof the said Miln now standeth And also all and singular Miln-Ponds Miln-Dams Banks Streams Water-courses Wayes Easements Profits Advantages Commodities and Appurtenances whatsoever to the said Miln and Premisses belonging or appertaining now in the tenure or occupation of A. B. his Assigns or Vnder Tenants 9. All that the Prebend of B. in the A. Prebend County of C. with all and singular the Rights Members and Appurtenances thereof And also the Advowson Gift Presentation Collation and right of Patronage of the said Prebend which said Prebend one A. B. formerly had to him and his Heirs for ever of the Gift and Grant of the late King James and by mean Conveyances is since come unto the said C. B. And all and singular Messuages Houses Buildings Lands Tenements Rents Reversions Services Woods Vnderwoods Parsonages Chappels Advowsons Gleab-Lands Tithes Oblations Obventions Pensions Portions Fruits Profits Commodities Emoluments and Hereditaments whatsoever with their Appurtenances as well spiritual as temporal of what nature or kind soever the same be or by whatsoever name or names they be called or known set lying and being coming growing or renewing in the Towns Fields Parishes or Hamblets of J. and S. in the said County of C. 10. All that the Rectory or Parsonage of C. A Rectory aforesaid and all and singular Houses Edifices Buildings Barns Stables Lands Tenements Wayes Passages Wastes Commons Tithes of Corn Grain Hay Wool Flax Hemp and all other Tithes whatsoever as well
15. For cestuy que Use for life or his Issue-male to make Leases so as they be not without impeachment of waste and that the present Rent be reserved Sect. 11. Like power for them to make Joyntures Sect. 12. To Lease the Lands setled on the Wife for a Joynture at a Rent mentioned in the Schedule the Wife being made party Sect. 13. Another to make Leases so as Wife be party Sect. 14 16. To make Leases at the ancient Rents chargable nevertheless with the Rents before in the Deed limited Sect. 17. Power to two cestuy que Uses for life to make Leases successively Sect. 19. A Vse limited briefly to such persons to whom cestuy que Use for life shall make Leases Sect. 20 21. Chap. 9. Rents Annuities and Portions assured out of the limitation of Vses An Annuity for charitable Vses Sect. 1 2. Another of a Rent for life with Clause of Distress and a limitation of the Land unto the Party upon failer of payment of the Rent Sect. 3 4 5 6 7. A limitation of the Land to several Vses chargable with the Rents after mentioned and after the Rents are appointed with power to distrain Sect. 8 9. Portions for Daughters to be raised out of Leases made by cestuy que Use for life according to power given him Sect. 10. A Vse for years limited to Cognizees to pay Portions with directions over if Daughters die Sect. 11 12 19. Money yearly to be allowed to the Daughters until Portions paid Sect. 13. A limitation for years to be void if Feoffor die without Daughters or after Portions paid Sect. 14 15. A limitation to Daughters for want of Issue-male to be void upon Portions paid or secured by him in the next remainder Sect. 16 17. Daughters Portions to be raised out of a Rent-Charge with cestuy que Use for life hath power given him to grant Sect. 18 19 20 21. Chap. 10. Provision taken for payment of Debts Legacies c. in the limitation of Vses A limitation for years to the Cognizees for payment of Cognizors Debts discharge of Sureties payment of Annuities to Servants and then to surrender the Estate Sect. 1. A limitation to Cognizees and their Heirs for payment of Cognizors Debts by sale and discharge of Sureties and to restore the overplus c. but if next Heir pay the Debts c. within a year then the Cognizees to convey to him Sect. â— To make sale and pay Debts mentioned in a Schedule with direction for the overplus and Cognizor to enjoy until sale Sect. 3. A limitation after Cognizors death to Cognizors Executors for years to pay Debts c. Sect. 4. For performance of Cognizors Will Sect. 5. A Vse limited to such persons as Cognizor shall appoint to pay a sum in certain Sect. 6. Chap. 11. The form of alteration of Vses upon Acts done Vpon setling other Lands on Cognizors Wife the Vse limited to her to cease with a limitation over S. 2. A Vse altered and limited to a person to whom a Rent is appointed upon default of payment S. 3 4 5. A Vse made void and a limitation over if cestuy que Use marry without Fathers consent S. 6 7 8. A limitation to the Wife to cease and a limitation over upon her claiming of Dower S. 9 10. A Vse altered upon Non-payment of a sum in gross S. 11 12 13 14 15. To alter a Vse upon payment back of a Marriage-Portion in case the Marriage take none effect S. 16. Chap. 12. Power given to Revoke Vses and limit new S. 1 2 3 4. To Revoke Vses with exception of Leases to be made by force of a power given in the same Deed S. 5 9. To Revoke old Vses and limit new as to particular persons S. 6 7. Another as to one particular Mannor S. 10. To Revoke old Vses and limit new with consent of Cognizees S. 8. Chap. 13. The forms of Deeds of Revocation and limitation of new Vses A short form S. 1. Another with recital of the power of Revocation S. 2 3. Another with a Feoffment added S. 4. Another of a Vse setled by Covenant to stand seised S. 5. Another pursuant to power given upon having of Issue S. 6. Chap. 14. The several forms of settlements of Estates By Covenant to levy a Fine and declaration of Vses with power to make Joyntures grant Rents and make Leases S. 1 2 3 4 5. Another by Vses declared upon a Fine and Recovery with provision for payment of Debts S. 6. Another by declaration of Vses of a Recovery as to several Mannors severally S. 7 8. The Vse of a Recovery for life with remainders over in Tail S. 9. Vse of a Mannor in Trust to be sold and Appointment for the disposition of the money S. 10. Proviso to make void a particular Vse upon payment of money and a limitation over S. 11. Another to give power to make Leases of a particular Mannor to pay Portions S. 13. Chap. 15. The forms of several Covenants used upon settlements of Estates to Vses To stand seised to the Vses before-mentioned in case the Conveyance prove deficient S. 1 2. That he is owner and hath power to settle S. 3 4 5. That the thing is free from incumbrances S. 6 7 8. To enjoy S. 9 10. Not to do any Act to impeach the settlement S. 11. For further Assurance S. 12 13. For settlement of Lands to be purchased S. 14. To permit Lands to descend S. 15. Chap. 16. The several forms of Joyntures before and after Marriage Before Marriage mutual Covenants that each party shall marry the other S. 1. A Joynture by way of Covenant to stand seised to Vses S. 2. Another by Covenant to levy a Fine to Vses S. 3. Vses upon a Fine to the end that the young pair shall receive a Rent during Fathers life S. 4. And a limitation of a Vse after as to the Mannors Lands c. S. 5. With a Proviso to cease a limitation to Daughters upon Portions paid S. 6. Another upon Marriage with a Widow with several Covenants relating to the Widows Children and power given to her to make a Will S. 7 8. 9 10 11 12. A Rent limited to the intended Wife in satisfaction of Dower with a limitation over of the use of the Lands S. 19 20. After Marriage by Covenant to levy a Fine to the use of Husband for life after of the Wife for life in satisfaction of Dower with remainders in Tail and a Covenant to alter the Vse upon her claim of Dower S. 13 14. Another by way of Feoffment to Vses as to several Mannors severally with a limitation for raising of Portions S. 15 16 17. A Proviso to cease the limitation to the Wife as to part if she marry again S. 18. Chap. 17. Containing several Covenants used upon Marriages and Joyntures made To pay the Marriage-Portion S. 1. To pay a sum upon refusal of the Marriage S. 2. To maintain the young pair S. 3. To
pl. 54. That a Castle Honour or Hundred may be parcel Castellumâ— Honor-Hundredum of a Mannor and pass by the name of the Mannor whereof it is parcel Or it may pass by its own proper name as de Castello de S. cum pertin or de Hundredo de S. cum pertin or de Honore de S. 20 Ass pl. 54. 2 Edw. 3. 36. 1 Edw. 3. 4. That the County City Town Parish Hamlet and Endship wherein the things lye that are to pass by the Fine ought to be certainly named And therefore if there be two Towns Walton and Street in the parish of Street and a Fine is levyed of such Lands in Street in this case Lands in Walton will not pass by this Fine Walton being a distinct Town or Ville by it self and although Street the Parish comprehend both yet in the Fine the lands in Walton shall not be said to be comprized unless Walton had been an Hamlet of Street and that the Fine had been levyed of lands in the Parish of Street then all would have passed well enough Crooke 2. 120. Stock and Foxes Case So if a Mannor extend it self into divers Towns as into A. B. C. it is safe and best to express all the Towns or none of them at all For haply the Fine may be good if the Mannor be onely named and be not said in what Town it doth lye As de Manerio de S. cum pertin but otherwise it must be de Manerio de S. cum pertin in A. B. C. for if any one of the Towns be omitted none of the Mannor in that Town so omitted will pass 9 Edw. 4. 6. That where divers Mannors be of one name with distinction of North and South to it as South S. North S. and the like There it is safe to express in the Original writ and all the proceedings of the Fine which of the Mannors is intended to be passed by the Fine And yet perhaps the Fine may be good to pass the Mannor intended to be passed without this distinction Crooke 1. 196. 200. 9 Edw. 4. 6. Brooke Fines 44. 91. 12 H. 7. 6. That when a Fine is but for the Presentation Presentation Parsonage Vicaridg Rectories c. to a Church onely it must be de Advocatione Ecclesiae de S. and not cum pertin And a Vicaridge endowed must be de Advocatione Vicariae Ecclesiae de S. and not cum pertin And where the Vicaridge is not endowed it must go under these words de Advocatione Ecclesiae de S. And Parsonages Rectories Advowsons Vicaridges and Tythes impropriate pass not by the words de Advocatione Ecclesiae but de Rectoria Ecclesiae de S. cum pertin West Symb. 2 part Title Fines and Concords A Fine was levyed de Advocatione Ecclesiae de Advowson and Rent reserved * Rectory and Rent reserved Wood. House-boot c. Chappel or Hospital Mesuage C. ac de quatâ—or Librat reddiâ— cum pertin in S. C. B. Coke 3. 45. A Fine was levyed of a Rectory out of which a Rent of 30 l. per Annum was rendred Coke Lillingtons Case High-wood and Vnder-wood pass under the general denomination of Wood. Houseboot Hayboot and Plowboot by the name of Estovers A Chappel or Hospital will pass by the name of a Mesuage 13 Ass pl. 2. So by the name of a Mesuage with the Appurtenances may pass an House with a Shop Curtilage Garden Orchard and as some say a Dove-house and Mill as parcel thereof That by the name of a Cottage a Toft Chamber Cottage and Celler will pass That part of an intire thing may pass by the Part of intire things words de medietate de tertia parte de quarta parte c. as the Case requires or de duabus partibus in tres partes dividend or de medietate omnium decimarum granorum feni ac terrae vocat le Blacklandâ— cum pertin in H. But if an intire thing as a Mannor or Mesuage be parted as if the Mannor of S. be divided into two parts and the division be so made as that the Mannor for that part be not extinct and a Fine is â— be levyed of a part of it it must pass by the name â—f the whole As de Manerio de S. So if a Mesuage and 23 acres of land be parted the part divided may pass by the name of one Mesuage and ten â—ctes of land and not de medietate â—nius Mesuagii viginti trium acrarum terrae And Note that it is usual in Fines to comprehend more number of acres then are intended to pass yet in such Case no more shall pass then what is intended and agreed upon between the Parties Popham Rep. 105. â—ed ss PRaecipe Thomae Snagge Armigero Radò Precipe quod teneat or Abstract of the writ of Covenant Order of placing the parcels Snagge generoso quod juste c. teneant Roberto Yarway generoso Manerium de Kempston Dawbney alias Kempston S. Johns cum pertin in Kempston Et nisi c. AC de duobus Mesuagiis or de uno Capitali Mesuagio duobus Salinis vocat Witch-houses alias Salt-houses duobus Shopis duabus Cameris â—â—o Stabulo sex Cottagiis uno Curtilagio duobus Toft is quatuor horreis uno Molendino aquatico or uno Molendino aquatico granatico uno Molendino ventritico or uno Molendino Fullonico uno Columbar decem Gardinis decem Pomaâ—iis Centum acris terrae or terrae aqua coopertae riginti acris Prati decem acris Pasture sexdecim acris Bosci or Subbosci or de quatuor virgat Bosci viginti acris Saliceti viginti acris Jampâ—orum Bruere viginti acris More duabus acris Turbariae octo acris Mosset sex acris Juncar decem acris Marisci frisci or Marisci salsi duabus acris Alneti quadraginta acris Arundin decem acris Ruscar or de Rectoria Ecclesiae parochialis de C. ac de decimis Garbarum granorum feni eidem Rectoriae spectan or de decimis Garbarum ad Ecclesiam de C. qualiter cunque spect or de Rectoria impropriat de R. cum pertin or de Rectoria de K. Or de Advocatione Ecclesiae de K. cum pertin or de Advocatione Ecclesiae de K. or de Advocatione Presentatione Donatione Libera dispositione Jure Patronatus Ecclesiae de K. Or de Rectoria de K. Ac de Advocatione Vicariae de K. or de Advocatione Ecclesiae de K. alternis vicibus cum acciderit Or de proficuis granorum feni Lane Agnorum Ac de omnimodis aliis decimis cum pertin in K. Or de quadam portione decimarum aut pensione in S. or de decimis garbarum granorum feni cum pertin in A. B. Necnon de decimis Lane Agnorum Oblationum Obventionum Emolumentorum Ac de omnibus aliis decimis quibuscunque provenien crescen seu renovan in W. or de omnibus omnimodis Oblation decimis garbarum granorum feni Lane
duo Gardina sexaginta acras Terre sex acras Prati tenementorum predictorum resid cum pertin que Elizabetha B. uxor Thome B. tenet ad terminum vite sue de hereditate predicti Henrici die quo hec Concordia facta fuit Et que post decessum ipsius Elizabethe ad prefatum Henricum heredes suos debuerunt reverti post decessum ipsius Elizabethe integre reman prefat Arthuro heredibus suis Tenend simul cum tenementis Piscar predictis de Capitalibus dominis feodi illius per servicia que ad eadem pertinent imperpetuum Et predict Henr. heredes sui warant praefato Arthuro heredibus suis tenementa Piscar predict cum pertin sicut predictum est Contra omnes homines imperpetuum c. Sect. XVI A Fine sur Cognizance de droit tantum levyed by way of Release to confirm the Cognizees Estate in certain Lands whereof he is possessed and whereunto the Cognizor hath but a bare Right CArolus Dei gratia Anglie Scotie Francie Hibernie Rex fidei defensor c. Omnibus ad quos presentes litere nostre pervenerint Salutem Sciatis quod inter Recorda ac pedes Finium cum Proclamationibus inde factis secundum formam statuti in hujusmodi Casu nuper edit provisi coram Justiciariis nostris de Banco apud Westm De Termino Pasche Anno regni nostri Octavo Continetur sic Bed ss Hec est finalis Concordia facta in Curia domini Regis apud Westm à die Pasche in quindecim dies Anno Regnorum Caroli Dei gratia Anglie Scotie Francie Hibernie Regis sidei defensoris c. A Conquestu Octavo Coram Roberto Heath Richardo Hutton Francisco Harvie Justiâ— aliis domini Regis fidelibus tunc ibi presentibus Inter Radolphum Snagge Armigerum Annâ—m uxorem ejus deforcientes de Maneriis de Kempston alias Kempston Dawbney St. Johns cum pertin Ac de decem Mesuagiis viginti Cottagiis decem Toftis uno Columbar triginta Gardinis viginti Pomariis 300 acris Terre 20 acris Prati 300 acris Pasture 250 acris Bosci 400 acris Jampnorum Bruere cum pertin in K. M. M. W. parochia Sancti P. in Villa Bedford Unde placitum Conventionis sum suit inde inter eos in eadem Curia scilicet quod predicti Thomas Anna recogn predicta Maneria tenementa cum pertin esse jus ipsius Radolphi Et illa remiserunt quiet clam de ipsis Thoma Anna heredibus suis predicto Radolph heredibus suis imperpetuum Et preterea iidem Thomas Anna concesserunt pro se heredibus ipsius Thome quod ipsi warant predicto Radolpho hered suis predicta Maneria tenementa cum pertin contra predictos Thomam Annam heredes ipsius Thome imperpetuum Et pro hac Recogn Remissione quiet clam Warantia fine Concordia idem Radolphus dedit predictis Thome Anne Octingentas Libras Sterlingorum In cujus rei Testimonium Sigillum nostrum ad brevia in Banco predicto sigilland deputat presentibus apponi secimus Teste R. Heath apud Westm decimo octavo die Aprilis Anno regni nostri supradicto Blake Sect. XVII Lands granted in Tayle with divers Remainders over by Fines sur Concessit HEc est finalis Concordia facta in Curia domini Regis apud Westm a die sc Michaelis in tres septimanas Anno c. coram c. Inter Thomam Holley Isabellam uxorem ejus querentes Richard Kent Johannam uxorem ejus desorc de tribus Mesuagiis quadraginta duabus acris terre cum pertin in W. unde placitum Conventionis sum fuit inde inter eos in eadem Curia scilicet quod predicti Richardus Johanna uxor ejus Concesserunt predictis Thome Isabelle uxori ejus tenementa predicta cum pertin Et illa eis reddiderunt in eadem Curia Habend tenend eisdem Thome Isabelle heredibus de Corporibus ipsorum Thome Isabelle exeunt de Capitalibus dominis feodi illius per servioia que ad predicta tenementa cum pertin pertinent imperpetuum Et si contingat eosdem Thomam Isabellam uxorem ejus obire sine heredibus de Corporibus suis exeunt tunc post decessum ipsorum Thome Isabelle predicta tenementa cum pertin integre reman heredibus ipsius Thome de corpore suo procreat Tenend de Capitalibus dominis c. ut supra imperpetuum Et si nullus heres de corpore ipsius Thome fuerit procreat tunc predicta tenementa cum pertin integre reman heredibus ipsius Isabelle uxoris predicti Thome de corpore suo procreat Tenend c. Et si nullus heres de corpore predicte Isabelle uxoris predicti Thome fuerit procreat tunc predicta tenementa cum pertin reman Johanne Agneti Matilde Margerie Elizabethe Sororibus ipsius Isabelle uxoris predicti Thome heredibus de corporibus ipsarum Johanne Agnetis Matilde Margerie Elizabethe exeun Tenend c. Et si contingat quod eedem Johanna Agnes Matilda Margeria Elizabetha obierint sine heredibus de corporibus suis exeunt tunc post decessus ipsarum Johanne Agnetis Matilde Margerie Elizabethe predicta tenementa cum pertin integre reman rectis heredibus predicti Thome Tenend c. Et pred Richardus Johanna uxor ejus heredes ipâ—ius Johanne warant predictis Thome Isabelle uxori ejus heredibus suis predictis heredibus ipsiâ—s Thome predictis si iidem Thomas Isabella uxor ejus obierint sine heredibus de corporibus suis exeunt heredibus ipsius Isabelle uxor is ipsius Thome predictis si nullus heres de corpore ipsius Thome sit procreat predictis Johanne Agneti Matilde Margerie Elizabethe heredibus suis predictis si nullus heres de corpore ipsius Isabelle uxor is predict Thome fuer it procreat etiam rectis heredibus predict Thome si eedem Johanna Agnes Matilda Margeria Elizabetha obierint sine heredibus de corporibus suis exeunt predicta tenementa cum pertin contra omnes homines imperpetuum Et pro hac Concessione redditione warantia fine Concordia iidem Thmas Isabella uxor ejus dederunt predict Richardo Johanne uxori ejus viginti Marcas Argenti c. ET est Concordia talis scilicet quod predictus Franciscus recogn Maneria tenementa reddit predict cum pertin esse jus ipsius Willielmi c. Release Waranty contra omnes homines imperpetuum Et pro hac Recogn c. idem Willielmus concessit prefato F. Maneria tenementa reddit predict cum pertin Et illa ei redâ—iderunt in eadem Curia habend tenend eidem F. hered quos idem F. procreavit de corpore M. nunc uxoris ejus de Capitalibus dominis feodi illius per servicia que ad predict
suggests the Cognizor is dead and pray's a Scire facias against his heir ET super hoc iidem Richardus Jana dicunt quod pred Johannes Law in fine pred nominat mortuus est quodque Elizabetha Law est filia heres predict Johannis Law cui stat in feodo simplici de in Manerio Tenementis predictis cum pertin per finem pred concessus fuit Quodque eadem Elizabetha est modo uxor Alex. Page Et pet brev domini Regis ad premuniend predictos Alex. Eliz. essendi coram domino Rege auditur Record processum predict ei conceditur c. Ideo precept est Vic. Essex quod per probos c. scire fac pred Alex. Eliz. quod sint coram domino Rege apud Westm A die Pasche in quindecim dies ubicunque c. auditur Recordum processum pred si c. Et ulterius c. Idem dies dat est prefat Richardo Jane ibidem c. Ad quem diem coram domino Rege apud Westm ven pred Richardus Jana per Attorn suos pred Et Vic. videlicet A. B. modo mand quod ipse virtute brevis predict sibi inde direct scire fecit prefat Alex. Elizabethe essendi coram dict domino Rege apud Westm. ad diem locum predict prout sibi per brev pred precept fuit per M. R. J. D. probos c. qui quidem Alex. Elizabeth sic premuniti quarto die placiti solempnit exact per J. B. Attorn suum similiter ven super quo pred Richardus Jana ut prius dicunt quod in Recordo processu pred acetiam in levatione finis predict manifeste est Errat allegando Errores predict per ipsos in forma pred allegat Et pet quod finis pred ob errores illos alios in Recordo processu predict compertos revocetur adnulletur penitus pro nullo habeatur Et quod ipsi ad omnia que ipsi occasione finis pred amiser restituantur c. H. 26 Eliz. Rot. 93. in Banco Regis CAP. XI The Charges of a Fine acknowledged either before the Lord Chief Justice at the Bar or before a Judge of Assize or Commissioners in the Countrey by Dedimus Potestatem Sect. I. The Charges of a Fine acknowledged before the Lord Chief Justice are as follow   s. d. DRawing the Precipe and Concord 0 3 4 Acknowledging thereof before the Chief Iustice 0 11 8 Writ of Covenant 0 3 0 Imposition upon the Writ of Covenant 0 0 6 For the Kings Fine according to the value of the Land Imposition thereupon accordingly  The several Fees at the Alienation Office 0 2 4 Warant of Attorney making and filing 0 0 4 Paid at the Inrollment Office 0 2 0 To the Custos Breviâ—m 0 3 8 To the Kings Silver-Office in Term time 0 0 10 If out of the Term 4d more if taken before the Chief Iustice but if by Dedimus you pay 0 1 8 To the Chirographer in Term time and 6d more after 0 5 8 For the Indentures to the Chirographers Clerks for the first warranty 0 3 6 For every Warranty afterwards 0 0 6 Attorneys Fee 0 6 8 Sect. II. The Charges of a Fine acknowledged at the Bar.  l. s. d. TO a Sergeant at Bar 0 3 4 To the second Prothonotary or his Clerk in Court for Recording the Fine 0 1 4 Fees paid in Court to the Box and Officers 0 0 6 In all things else the Fees are the same of a Fine acknowledged at Bar as if it had been taken before the Lord Chief Justice Sect. III. The Charges of a Fine acknowledged before Commissioners in the Country by special Dedimus potestatem TO the Cursitor for the Dedimus with Imposition 1 4 8 To a Iudge for his hand or Allocatur in case a Knight be not present at the Caption 0 4 0 But when a Knight is present you need not a Iudges hand    The rest of the Fees are the same in this Case as when acknowledged before the Lord Chief Justice Sect. IV. The Charges of a Fine taken before a Judge of Assize   s. d. IN this case the Charges are the same as when acknowledged before the Lord Chief Iustice the Fee for the Caption being also 0 11 8 Onely you pay to the Cursitor for a Dedimus potestatem 0 9 6 The rest of the Fees are as Sect. the first ARCANA CLERICALIA OR A Treatise OF Common Recoveries UPON WRITS of ENTRY IN le Post WITH Notes and Observations thereupon AND A TABLE of Fees Printed Anno Dom. 1673. Arcana Clericalia OR A Treatise OF Common Recoveries UPON Writs of Entry In le Post A Common Recovery defined A Common Recovery is onely fictio Juris or a Conveyance by consent used for the better assuring of Lands and Tenements upon any man wherein the Recovery in value the supposed Recompence for him which loseth his land is but a fiction in Law And this Recovery by assent is now by custome become a Common Assurance and Conveyance upon which Vses may be limitted and raised Coke 1 part Sir William Pelhams Case 14. But there is a great difference between a Recovery by assent and a Recovery without assent of the Parties Vide 14. El. Cap. 8. The former definition explained IF any person have a desire to render himself capable of disposing of Lands or Tenements which are intayled upon him and would be enabled to sell give or bequeath them as he pleaseth the course is to procure some friend to bring a Writ against him for this Land or in case where he doth sell the Land perhaps he that buyeth it or is to have it setled upon him shall bring the Writ against him that is to make the Assurance of the Land if it be with a single Voucher And in this case the Demandant being Plaintiff in this Action doth suppose that the Tenant or he against whom the Writ is brought hath no right to the Land but that he onely viz. the Demandant hath right thereunto and that the Tenant came to the Land wrongfully by means of one Hugh Hunt a stranger therein named And to this Writ the Tenant doth appear either by Attorney or in person and then doth enter into defence of the Land but in Pleading doth vouch to warant such a man from whom or his Ancestors the Lands in question are supposed to come to him or his Ancestors the Ancestor of which third person obliging himself and his heirs by Conveyance to warant and make good the Title to him or them to whom it was Conveyed and thereupon he prayeth that this Vouchee or third person may be called into Court to defend this Title whereupon being called he doth appear and seem to defend the Title denying that the Tenant came to the land wrongfully by means of the aforesaid Hugh Hunt upon which he takes Issue
limited to Daughters in default of Heirs Males to cease upon payment of their Portions by him in remainder and the Vse then is limited to him Ch. 9. S. 16 17. A Vse li 〈…〉 ed to the Cognizors Wife to cease upon settlement of other Lands on her with a Limitation over Ch. 11. 8. 1. A Vse limited to persons to whom a Rent is appointed upon default of payment Ch 11. S. 4 5. A Vse to cease if Cestuy que use marry without Fathers consent and a Limitation over Ch. 11. S. 6. A Vse limited to a Wife altered upon her claim of Dower Ch. 11. S. 9. Vse altered upon non payment of money Ch. 11. S. 12. Uses limited to pay Portions to Children A Use to Cognizees to pay Portions and allow maintenance until paid C. 9. S. 11 12 13. If Feoffor c. die without Daughters or after the Portions paid the Limitation to be void with remainder over Ch. 9. S. 14 15 18 19 20. Ch 14. S. 13. For payment of a Rent to raise Portions Ch 9. S. 21. Uses limited to pay Debts A Use limited for years to pay the Cognizors Debts and Annuities by him granted Ch. 10. S. 1. Use limited that the Land shall be sold to pay Debts Ch. 20. S. 2 3. A Limitation for years to Cognizors Executors to pay Debts S. 4. And Legacies ibid. To perform the Cognizors Wâ—ll S. 5. Ch. 14. S. 6. A Use of a Mannor to be sold c. Ch. 14. S. 2. A Use limited to such persons as the Cognizor shall appoint by Will until a sum raised c. with a Limitation over Ch 10. S. 6. Power given to revoke Uses and appoint new See the former Table in Ch. 12. The forms of Deeds of Revocation See the former Table in Ch. 13. See also before in this Table Title Revocation Writings and Evidences A Covenant to produce them in defâ—nce of the Title Ch. 3. S. 25. Waste A Limitation for life without impeachment of waste and power to commit waste Ch. 7. S. 7 8. Without impeachment of waste as to Woods c. S. 2. c. Arcana Clericalia Or THE MYSTERIES OF CLERKSHIP CAP. I. What a FINE is A FINE is that which is accounted of all kind of Assurances the highest and most forcible and although it be but fictio Juris yet it is called a Fine quia finem litibus imponit and is also said to be exceptio peremptoria and therefore not onely esteemed A micabâ—lis compositio but finalis concordia the latter of which it is deservedly said to be quia finem ponit negotio adeo ut neutra pars litigantium ab eo de cetero possit recedere It is an Instrument or Assurance containing a final Agreement commonly made by the consent of persons sometimes by force of a Suite in Law upon some Covenant for the levying thereof concerning Lands Tenements Hereditaments Rent or other things wherein the Kings Licence must be duly had and obtained It must be acknowledged by the Cognizor Deforceant or he that parts with his right in the â—ands contained in the Fine upon a writ of Covenant most commonly but sometimes upon a Quid juris clamat per quae servicia de rationabilibus divisis de Recto patens de Recto clausum warantia Chaâ—tae c. as the case requires before the Iustices of the Common Pleas or such other persons thereunto authorized by Commission out of Chancery and lastly it must be ingrossed upon Record in the same Court there to remain for ever for the ending and composing of all differences and controversies as well between the parties and privies to the same as all strangers not claiming in due time Although a Fine is now become a formal Assurance of common use from the result of a feigned difference yet anciently it was the composure of a real controversie and the end of a Suite indeed For after the parties had contended by suite in law about the thing in question by agreement a fine was levyed of it and so the difference was ended This of all other is esteemed the best Assurance and is much of the nature of a Feoffment with Livery and Seisin executed thereupon but of greater efficacy and therefore called a Feoffment upon Record By this Lands may be conveyed in Fee-simple Fee-tayl for life or for years and rent thereby also reserved And lastly to sum up all in the words of the Sages of the Law There neither is nor can be provided by the Laws of the Land any greater or more noble Security by which any person may make his Estate more secure or produce a Testimony of the highest Nature for confirmation of his Estate then a Fine levyed in the Kings Court upon Record which is therefore called a Fine because it ought to be the Complement and end of all proceedings and differences CAP. II. Of the several kinds of a Fine OF Fines there be four kinds The first whereof is called a Fine sur Cognizance de droit come ceo que il ad de son done which is single and called also a Fine sur Release The second is a Fine sur Cognizance de droit come ceo que il ad de son done which is double and properly called a Fine sur done grant render The third is called a Fine sur Cognizance de droit tantum which is sometimes single sometimes with Grant and then it is called a Fine sur done grant And the fourth a Fine sur concessit A Fine sur Cognizance de droit come ceo que A Fine sur Cognizance de droit come ceo c. what it is il ad de son done is the best most principal and surest of all kind of Fines by which an Estate passeth absolutely to the Cognizee without rendring any thing back again to the Cognizor and therefore is said to be single It is levyed with Proclamations according to the form of the Statute 4 H. 7. Cap. 24. It is said to be executed viz. such a Fine whereby the possession in Law of the lands contained therein is immediately transferred to and vâ—sted in the Cognizee without the help of a writ of habere facias seisinam so that he may enter for that the Estate is thereby in law in the Cognizee that is to say to such uses as are declared in the deed leading the use of the Fine for take this for a maxime That unless it be declared by deed or otherwise to what use the Fine was levyed the Fine shall be and inure to the use of the Cognizor that levyed the Fine A Fine sur done grant render is that which is A Fine sur done grant render what called a double Fine being in a manner two Fines that is to say A Fine sur Cognizance de droit come ceo c. and a Fine sur Concessit form'd into one whereby the Cognizee after Release and warranty made to him by the Cognizor of the lands